Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits, Uncategorized.
It is not uncommon for physicians to occasionally prescribe Botox Injections to treat symptoms of pain following motor vehicle collisions. The Botox itself is not covered by the BC Medical Service Plan and people often turn to ICBC for funding of this expense. Two recent decisions have addressed whether ICBC is obliged to fund Botox therapy when […]
Written by admin on . Posted in BCSC Civil Rule 1, Uncategorized.
(IPDATE: The case discussed in the below post was upheld on Appeal on October 26, 2011) As previously discussed, victims of injuries sustained in collisions caused by “unidentified motorists” can seek compensation directly from ICBC under section 24 of the Insurance (Vehicle) Act provided that they comply with this section. One of the requirements of s. 24 is […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Generally speaking a person is not allowed to call evidence of ‘prior consistent statements‘ at trial. The reason is because this offends the rule against hearsay and is an improper attempt to bolster witness credibility. There is a powerful exception to this general rule, however, and this relates to allegations that a witness is fabricating their […]
Written by admin on . Posted in BCSC Civil Rule 7, independent medical exams, Uncategorized.
As I’ve previously written, ICBC can typically arrange an ‘independent’ medical exam (IME) in one of two ways. The first is when an ‘insured’ applies for first party no-fault benefits. Section 99 of the Insurance (Vehicle) Regulation gives ICBC the power to compel an IME in these circumstances. The second is under Rule 7-6(1) of the […]
Written by admin on . Posted in Uncategorized.
Further to my previous articles on this topic, when suing ICBC for compensation for injuries sustained in a hit and run accident (Unidentified motorist claims) one of the requirements under Section 24 of the Insurance (Vehicle) Act is for the claimant to make “all reasonable efforts to ascertain the identity of the unknown driver“. If a […]
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 Civil Procedure, Uncategorized.
As I’ve previously written, section 24 of the BC Insurance (Vehicle) Act gives the victims of Hit and Run accidents the right to sue ICBC directly in certain circumstances. There are exceptions and limitations to this right and one such limitation is that a Plaintiff has to give proper notice to ICBC that they intend […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Res Judicata is a legal principle which prevents a claimant from having their legal issues decided twice. Once you’ve had your day in Court on an issue you are stuck with the result (subject to an appeal). You can’t sue again and have a second trial hoping for a different result. Reasons for judgement were […]
Written by admin on . Posted in Uncategorized.
Further to my previous post on this topic, historic reasons for judgement were released today on the BC Supreme Court website demonstrating that circumstantial evidence can be enough for a Plaintiff to win their ICBC injury claim. In today’s case (Tweedie v. ICBC) the Plaintiff was injured while out for a morning jog in 1999. […]
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 […]