30 March, 2016

Sharing the Road – The Need for Increased Vigilance By Drivers and Cyclists

As the spring weather returns to Victoria, many people will begin riding their bikes to work or for pleasure. The news of a recent cyclist fatality in downtown Victoria should act as a reminder that the warmer weather brings with...

30 March, 2016

The Importance of Accurate Physician Records.

In Sequeira v. Higgins, 2015 BCSC 1192, the Plaintiff was a physically fit 81-year old. After retiring from his job as a heavy duty mechanic at the age of 60, he worked as a fitness instructor until he was in his...

24 March, 2016

The Effect of Two Back-to-Back Low Impact Accidents

When people are involved in more than one accident, the subsequent accident often aggravates the injuries sustained in the first accident. That is what happened in Duda v. Sekhon, 2015 BCSC 2393, when the Plaintiff was involved in two accidents within...

22 March, 2016

Details, Details, Details: Compiling a Credible Personal Injury Claim

Like any litigation, personal injury lawsuits often focus on the details – who did what, when, where, why and to whom. More often than not, some of the most important details in personal injury cases come from the injured person’s medical...

17 March, 2016

Another loss for ICBC: jury awards $216k for hit and run that ICBC said never happened

“You can win. You can fight ICBC. Tell the truth — just don’t give up.” – Dainya Watson, after winning a lengthy legal battle against ICBC that resulted in an award of over $216k in damages. On January 11, 2013, a...

16 March, 2016

The Importance of Examination for Discovery Testimony at Trial

Pursuing a personal injury claim against ICBC involves many steps. One of the most important steps in this process is the Examination for Discovery, which takes place before the trial. An Examination for Discovery is an opportunity for the Defense lawyer...

14 March, 2016

The Dangers of Representing Yourself in a Personal Injury Claim

Sometimes injured persons attempt to advance their own claim without the assistance of a lawyer. Unfortunately, this often leads to disappointing results and unforeseen consequences that could have been avoided with the advice and advocacy that a lawyer provides. Hiring a...

10 March, 2016

Inconsistent Evidence at Trial

If your testimony at trial is not consistent with the medical or employment evidence, the Court may not rely on your testimony when making its decision. In Ben-Yosef v. Dasanjh, 2016 BCSC 360, the Plaintiff was struck in a crosswalk by...

08 March, 2016

Court Orders ICBC to Pay $350,000 for Malicious Prosecution

A British Columbia woman sued ICBC for malicious prosecution and won (Arsenovski v. Bodin, 2016 BCSC 359). She was awarded $350,000 in punitive damages and $30,000 for emotional suffering. The Court based this award on a finding that an ICBC investigator...

03 March, 2016

Pedestrian Struck By Vehicle in a Crosswalk

When a pedestrian is struck in a crosswalk, what laws come into play? Section 179 of the Motor Vehicle Act is the statute that governs the rights of way between pedestrians and motor vehicles. The relevant sections of that provision...