27 Apr Mitigating Your Losses

Whenever a plaintiff suffers injury due to the negligence of another person, they have a duty to take reasonable steps to get better and reduce the damages payable by the defendant. The defendant is not liable to pay the plaintiff...

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26 Apr ICBC Ordered to Pay Double Costs in Arsenovski Case

You may have seen the recent news report where ICBC was ordered to pay almost $400,000 in damages to a plaintiff that the corporation had falsely accused of fraud. http://www.cbc.ca/news/canada/british-columbia/icbc-malicious-prosecution-1.3473693In a follow-up judgement, Madam Justice Griffin has ordered ICBC to...

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22 Apr Double Costs

Prior to trial, the Plaintiff and Defendant normally exchange settlement offers as part of the negotiation process…and the Court rules encourage early settlement.  If the matter proceeds to trial, under the Court rules the successful party is typically entitled to...

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21 Apr Low Velocity Impact Collision

Have you been injured in a motor vehicle collision described as “low velocity”?  If so, it is important to understand the court’s view of low velocity collisions.  It can be quite different than the insurance company’s policy.In Dabu v. Schwab,...

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18 Apr Pre-Existing Conditions

How does the Court assess personal injury damages when a plaintiff suffered from pre-existing conditions prior to a motor vehicle collision?  A recent case, Matharu v. Gill, 2016 BCSC 624, provides an example.The plaintiff had been diagnosed with inflammatory polyarthritis, osteoporosis,...

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