Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released today demonstrating some of the real world consequences drivers with a learner’s licence could face if they are found to be in breach of their policy of insurance. In today’s case (King v. ICBC) the Plaintiff was involved in a 2007 BC motor vehicle collision. 4 vehicles were involved in […]
Written by admin on . Posted in BCSC Civil Rule 7, Civil Procedure, Uncategorized.
One exception to the general rule that relevant evidence should be admitted in a civil trial deals with prejudice. If the prejudicial effect of relevant evidence outweighs it’s probative value a trial judge has the discretion of excluding it. The BC Court of Appeal recently discussed this principle in the context of an ICBC claim. […]
Written by admin on . Posted in ICBC Privacy Issues, independent medical exams, Uncategorized.
If you’re involved in a BC motor vehicle collision and have your injuries treated by a “medical practitioner” ICBC can compel the medical practitioner to provide them with a report documenting your injuries. This is so even if you are not insured with ICBC and even if you don’t consent. Reasons for judgement were published this week […]
Written by admin on . Posted in BCSC Civil Rule 1, BCSC Civil Rule 12, Civil Procedure, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, interpreting two topics under the New BC Supreme Court Civil Rules, the test of “proportionality” and the circumstances permitting a Court to sever liability (the issue of fault) from quantum (the value of a personal injury claim). In today’s case (Cayou v. Cayou) the […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
Further to my two recent articles discussing this topic (these can be found here and here) reasons for judgement were released today by the BC Supreme Court, Kelowna Registry, demonstrating yet again the powerful impact out of court statements can have in an ICBC claim. In today’s case (Aymont v. Capp) the Plaintiff sustained serious […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
When suing someone for damages as a result of a BC motor vehicle collision it is important to understand how our Courts establish who is at fault. BC Courts must, in most circumstances, use the “but for” test. In the most basic terms, a driver has to exhibit some level of carelessness. From there a […]
Written by admin on . Posted in ICBC Brain Injury Cases, ICBC Liability (fault) Cases, ICBC Shoulder Injury Cases, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court awarding a Plaintiff just over $415,000 in total damages as a result of serious injuries occurring in a motor vehicle collision. In this week’s case (Eggleston v. Watson) the pedestrian Plaintiff was struck by a vehicle driven by the Defendant. The Defendant had […]
Written by admin on . Posted in ICBC Knee Injury Cases, Occupier's liability claims, Uncategorized.
Reasons for judgement were released this week dealing with fault and damages arising from a slip and fall incident at a North Vancouver gas station. In this week’s case (Foley v. Imperial Oil Limited) the Plaintiff, an insurance adjuster for ICBC, slipped and fell on ice located near a car wash at an Esso Station […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues, Uncategorized.
As I’ve previously written, when a lawsuit for damages is brought in the BC Supreme Court, the parties are required to make disclosure of certain relevant documents even if such disclosure is harmful to their interests. In order to strike a balance between fulsome disclosure and privacy rights, the Courts have developed a law known […]
Written by admin on . Posted in Uncategorized.
When a person is injured in a hit and run accident where the identity of the at fault motorist is unknown ICBC can be sued directly for compensation provided that s. 24 of the Insurance (Vehicle) Act is complied with. When dealing with insurance coverage issues, there often are exclusions in coverage for claims involving […]