Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for collision related injuries and rejecting defence expert medical evidence.
In today’s case (Mladjo v. Etheridge) the Plaintiff was involved in a 2016 collision. Fault was admitted by the Defendant. The crash cause chronic soft tissue injuries and damages were assessed on this basis.
Written by ERIK MAGRAKEN on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.
Reasons for judgement were published today by the BC Supreme Court, Nanaimo Registry, assessing damages for long lasting soft tissue injuries.
In today’s case (Poulin v. Armstrong) the Plaintiff was involved in a 2013 collision. She was a passenger at the time and was 14 years of age. The Defendant admitted fault. The crash caused soft tissue injuries to her neck and upper back which became chronic and were expected to linger indefinitely.
In assessing non-pecuniary damages at $65,000
Written by ERIK MAGRAKEN on . Posted in ICBC Psychological Injury Cases, Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a Plaintiff’s injuries and rejecting expert evidence retained by ICBC.
In today’s case (Wong v. Draaistra) the Plaintiff was injured in two separate collisions. Fault was admitted by the Defendants for the crashes. In addition to physical injuries the Plaintiff developed “psychiatric or emotional problems that have likely increased and prolonged her physical pain, and have caused her life to shrink to near-isolation in an unmaintained home behind almost permanently closed blinds“.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Last year the BC Court of Appeal clarified the law surrounding claims for diminished housekeeping capacity. In short the court noted care must be taken to determine if a loss is for pecuniary vs non-pecuniary diminished housekeeping capacity. This distinction is perhaps more important than ever given the recent legal changes capping the non-pecuniary rights of British Columbians.
To this end helpful reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, assessing damages for pecuniary diminished capacity.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, ordering production of a statement from a Defendant to ICBC to be disclosed to the Plaintiff in a personal injury lawsuit.
In today’s case (Canning v. Mann) the Plaintiff was injured in a crash and sued for damages. The Defendant provided ICBC a statement detailing the circumstances of the crash. The Defendant refused to provide the statement to the Plaintiff in the lawsuit arguing it was privileged. The court ordered production noting there was insufficient evidence to establish litigation privilege. In ordering the statement to be disclosed Mr. Justice Basran provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
As readers of this blog know the BC Government recently overhauled the Rules of Court to limit the number of expert witnesses that can be used in personal injury prosecutions. This rule is subject to a constitutional challenge and its future is uncertain. The rule was implemented with the goal of simply saving ICBC money.
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for personal injuries which included the successful recovery of money spent for CBD oil and medical marijuana to treat chronic pain.
In today’s case (Culver v. Skrypnyk) the Plaintiff was injured in two collisions. These resulted in partly disabling chronic back and leg pain. The treatments attempted over the years included the use of CBD oil and medical marijuana. The Court awarded recovery for the costs of these medications noting they were reasonably incurred special damages. In reaching this conclusion Mr. Justice Davies provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Campbell River Registry, assessing damages for chronic consequences from a head injury.
In today’s case (Mickelson v. Sodomsky) the 50 year old plaintiff was involved in a 2015 T-bone collision. The Defendant admitted liability. The crash resulted in a mild traumatic brain injury and the plaintiff developed post concussion syndrome with a poor prognosis for further recovery. The consequences of the injury were largely disabling. In assessing non-pecuniary damages at $200,000 Mr. Justice Thompson provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in ICBC Ankle Injury Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, assessing damages for a severe ankle injury.
In today’s case (Chau v. Pereira) the Plaintiff was struck by a vehicle while walking in a marked crosswalk. The Defendant denied liability but was found fully responsible at trial. The crash resulted in a severe ankle injury with post traumatic arthritis that was expected to deteriorate to the likely stage of needing fusion or joint replacement. In assessing non-pecuniary damages at $140,000 Mr. Justice Baird provided the following reasons:
Written by ERIK MAGRAKEN on . Posted in ICBC Knee Injury Cases, Occupier's liability claims.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, addressing fault and damages for a fall a Plaintiff sustained while walking on a wet boardwalk.
In today’s case (Owens v. Steveston Waterfront Properties Inc.) the Plaintiff fell and broke her right kneecap in an incident described as follows: