Written by admin on . Posted in Civil Procedure, Uncategorized.
Well the cases seem to be coming in at a good pace and hopefully Rule 37B will start seeing some consistency in its interpretation by the BC Supreme Court. Today another case was released by the BC Supreme Court applying and interpreting this rule. In this case the Plaintiff was involved in a motor […]
Written by admin on . Posted in Civil Procedure, ICBC Chronic Pain Cases, Uncategorized.
Reasons for judgment were released on November 21, 2008 awarding a Plaintiff just over $230,000 in damages as a result of injuries and losses sustained in a 2004 Vancouver Island motor vehicle collision. The Defendant was impaired by alcohol when the collision occurred. As a result the Defendant was in breach of his ICBC […]
Written by admin on . Posted in Uncategorized.
I have previously blogged about ICBC lawyers and ethics obligations and I write more on this topic. If you are sued for a BC car accident and are insured by ICBC they will appoint a lawyer to defend your claim. That lawyer has 2 potentially conflicting duties, they are 1. To you the client 2. […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
I have previously blogged about the new Rule 37B (here and here) which deals with formal offers of settlement and the costs consequences of trial. The first case that I’m aware of dealing with Rule 37B in an ICBC claim was released today. In this case both fault and quantum were at issue. The Plaintiff […]
Written by admin on . Posted in Uncategorized.
As a BC personal injury lawyer that started out my career in criminal defence work I have seen both the civil and criminal consequences of drunk driving. Most people know about the criminal consequences but the civil consequences can be much worse. If you are convicted of impaired driving, you will lose your license for […]
Written by admin on . Posted in ICBC Brain Injury Cases, Uncategorized.
Let me begin by saying that when people talk about “ICBC claims” they typically refer to two different types of claims. The first has to do with ‘own insurance’ that is, you are insured with ICBC, something occurs that requires you take advantage of this insurance and you apply for your own insurance benefits. This […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
In reasons for judgement released today, the Supreme Court of Canada dismissed the appeal of a very peculiar case. In doing so they clarified the law regarding ‘forseeability of injury’ which is a necessary ingredient to prove in negligence cases. While this case does not involve an ICBC claim, this case is important because ‘forseeability’ […]