Tag: Luck v. Shack

“Concerning” Affidavit Makes ICBC Benefits Deduction Application Come Up Short

Written by ERIK MAGRAKEN on July 24, 2020. Posted in Uncategorized.

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, largely rejecting an ICBC application to have future care benefits from a tort judgment significantly reduced.

In today’s case (Luck v. Shack) the Plaintiff was in a collision and was awarded damages for prolonged injuries including $85,000 for future care costs. The Defendant argued that much of the services covered by this award can be accessed through ICBC no-fault benefits and asked that the award be reduced by $65,000. The Court noted ‘concern‘ about ICBC’s affidavit evidence leaving some uncertainty as to whether discretionary no fault benefits would be paid or denied in the future. In only allowing $3,540 in deductions Madam Justice MacDonald provided the following reasons:

“Little Weight” Given to ICBC Expert Witness With “Lack of an Open Mind”

Written by ERIK MAGRAKEN on July 17, 2019. Posted in Uncategorized.

Adding to this site’s archives of expert witnesses being judicially criticized for advocacy, reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, expressing reservations about the reliability of an ICBC retained expert who “became somewhat combative during cross-examination” downplayed the Plaintiff’s subjective reports of pain and showed a “lack of an open mind“.

In today’s case (Luck v. Shack) the plaintiff was injured in a 2014 collision that the Defendant accepted fault for. The crash resulted in chronic soft tissue injuries and myofascial pain syndrome. In the course of the lawsuit the Defendant retained an orthopaedic surgeon who provided an opinion minimizing the Plaintiff’s injuries and their relationship to the crash. In concluding that “little weight” should be given to this doctor’s opinion Madam Justice MacDonald provided the following comments: