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 admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, ICBC Liability (fault) Cases, Jury Trials, Uncategorized.
Where to begin… Important reasons for judgement (Burdett v. Mohamed) were released on Friday by the BC Supreme Court, Vancouver Registry addressing a host of topics in the context of BC personal injury litigation. By way of background the Plaintiff was a passenger in a 2002 motor vehicle accident. She was riding in a vehicle […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As readers of the blog know Rule 37B of the BC Supreme Court Rules has given the Court considerable discretion with respect to awarding parties costs when formal offers of settlement are beat at trial. One pattern that is becoming clear under the new Rule is that token offers of settlement are not particularly effective in […]
Written by admin on . Posted in Civil Procedure, Tort Reform, Uncategorized.
Further to my previous posts on the Health Care Costs Recovery Act, I recently had the opportunity to scrutinize the Act’s application to Uninsured Motorist Claims under Section 20 of the BC Insurance (Vehicle) Act. It was a a bit of a lengthy exercise so I thought I would share my findings for the benefit […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues.
When you sue for damages in the BC Supreme Court in an ICBC Injury Claim you are subject to certain rules of compelled disclosure. These rules require you to give verbal, documentary and even physical discovery (independent medical exams). When ICBC gets access to this private information in the lawsuit process it is subject to […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today by the BC Supreme Court dealing with this interesting issue. In today’s case (MacEachern v. Rennie) the Plaintiff ‘suffered traumatic brain injury when her head came into contact with a tractor trailer while she was walking or riding her bicycle along King George Highway in Surrey, BC” In the […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
I’ve previously posted that victims of Hit and Run accidents in BC can make a claim directly against ICBC in tort in certain circumstnaces under Section 24 of the Insurance (Vehicle) Act Section 24 has certain restrictions built in limiting the circumstances when ICBC can be sued as a nominal defendant. One of these restrictions requires […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
If you are injured in BC through the actions of another but can’t gather any direct evidence proving that the other party is at fault can you still succeed in a claim for damages? The answer is yes a lies in circumstantial evidence. Direct evidence is evidence that stands on its own to prove a […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, giving more interpretation to Rule 37B in ICBC Injury Claims (click here to read my previous posts on this topic). In today’s case (Smagh v. Bumbrah) the Plaintiff was injured in a 2004 motor vehicle crash. The defendant made an offer to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today (Lumanian v. Sadler) by the BC Supreme Court giving further consideration to Rule 37B in an ICBC claim. In this case ICBC made a settlement offer before trial. The Plaintiff proceeded to trial and ultimately received judgement below ICBC’s formal offer. In an application for costs the court refused to […]