Tag: Madam Justice Jackson

Court Finds ICBC Did Not Meet Their Burden for s. 83 Deductions after Jury Trial

BC’s Insurance Vehicle legislation allows a court to deduct from a claim for future loss those damages that have benefits payable under ICBC’s part 7 scheme.  ICBC’s track record of paying benefits and their position of a plaintiff’s entitlement to those benefits at trial don’t always align.  The legislation was recently amended to direct a court not consider the likelihood that the benefits will be paid or provided when making such deductions.

In one of the first judgements to consider this new language reasons were published today by the BC Supreme Court refusing ICBC’s application for deductions following a jury trial.

In today’s case (Siverston v. Griffin) the Plaintiff was injured in a collision and sued for her damages.  Following trial  a jury assessed damages which included $60,000 for future care.   The Defendant sought to have this award significantly reduced arguing many of the future care items could be paid by ICBC under their part 7 scheme.  Madam Justice Jackson was not persuaded, however, and refused to reduce the award.  In reaching this conclusion the court found the Defendant simply could not meet their burden with the jury’s lump sum award for future losses.  The Court provided the following reasons:

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$86,000 Non-Pecuniary Assessment for Triggering of Symptoms in Pre Existing Degenerative Spine

Reasons for judgment were published today assessing damages for a collision resulting in various soft tissue injuries coupled with the onset of symptoms in a pre-existing degenerative spine.

In today’s case (Ryan v. Lawson) the Plaintiff was injured in a 2014 collision.  The Defendant accepted fault.  The crash resulted in a variety of soft tissue injuries many of which recovered.  THe crash also resulted in the onset of symptoms in a pre-existing albeit asymptomatic degenerative condition in the Plaintiff’s spine.  In assessing non-pecuniary damages at $86,000 Madam Justice Jackson made the following findings:

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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