Written by admin on . Posted in Uncategorized.
(Update December 3, 2013 – the below decision was upheld in reasons for judgement released today by the BC Court of Appeal) ————————————————————————————————– Last year the BC Supreme Court found that employer paid wage replacement benefits are non-deductible in ICBC hit and run claims. Reasons for judgement were released this week by the BC Supreme […]
Written by admin on . Posted in BC Injury Claims Media Archives.
Earlier this year I had the pleasure of being interviewed by Donalee Moutlon who authored an article for the Lawyers Weekly addressing obligations of motorists involved in hit and run collisions in BC. Her article was published in this week’s edition. For those of you visiting this site after reading this article, welcome! If you […]
Written by admin on . Posted in BCSC Civil Rule 17, BCSC Civil Rule 2, Civil Procedure.
When a lawsuit gets underway in the BC Supreme Court the Rules of Court give litigants significant powers to force disclosure from opposing parties and even non-parties. If a formal lawsuit has not been started the Court’s power to order disclosure becomes far more limited. This was demonstrated in reasons for judgement released recently by […]
Written by admin on . Posted in BCSC Civil Rule 9, ICBC Liability (fault) Cases.
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dealing with an interesting issue – can a Court infer consent to operate when a commercial vehicle is involved in a ‘hit and run’ collision? In last week’s case (Perret v. John Doe) the Plaintiff was injured in a 2005 collision. […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
As previously discussed ICBC adjusters often operate in a legally permissible conflict of interest. When dealing with ICBC it is important to know that “your” adjuster has no obligation to advise you of your legal rights regarding a claim for compensation against the at fault motorist. This was demonstrated in reasons for judgement released this week by the […]
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As previously discussed, one of the conditions to successfully sue ICBC under section 24 of the Insurance (Vehicle) Act following a hit and run collision is to take “all reasonable efforts” to ascertain the identity of the at fault motorist. Failure to do so can be fatal to the claim. Reasons for judgement were released […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, dealing with the duty of Pedestrians to use a sidewalk or crosswalk where one is available. In today’s case (Larsen v. Doe) the pedestrian Plaintiff was struck by a vehicle while “walking in a T intersection normally used by vehicles“. There […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Some recent back patting was released recently boasting about what a great employer ICBC is. The NDP have been in power for several years. And David Eby, the current Premier, was the architect of bringing in no fault insurance during this time. (They don’t call it no-fault which makes you realize your rights were stripped, […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Imagine you are driving on a BC highway. Out of nowhere a plane comes out of the sky and smashes into your vehicle causing injury. This is not academic. This unfortunately just occured in Langley, BC, as reported by CityNews. Emergency crews say three people have been hospitalized after a plane clipped a vehicle on […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, New Westminster Registry, assessing damages for a long standing back injury sustained in two motor vehicle collisions. In today’s case (Sehra v. Randhawa) the Plaintiff was involved in two separate collisions that the defendants accepted fault for. These resulted in ‘chronic daily back pain’ […]