In the recent case of Manoharan v. Kaur, 2016 BCSC 692, the Plaintiff, a 47 year old immigrant from India was injured in a motor vehicle accident. At the time of the accident, the Plaintiff was working at an accounting firm....
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...
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...
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...
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,...
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,...
Drivers need to be careful when turning left out of parking lots or driveways onto main roads. Not only do you have to watch for traffic on the road, you also have to mindful of other vehicles trying to enter...
In July, 2006, Ms. Felix was at a soccer game with her boyfriend. At the end of the game, the boyfriend was intoxicated and argumentative. Ms. Felix decided it would be best if they left, and she got into the...
As much as you love your dog, taking it for a ride in the car with you can be distracting. And distraction is one of the leading contributing factors in motor vehicle deaths on B.C. roads. According to police data,...
In a recent decision, Madam Justice Devlin of the BC Supreme Court denied damages to the Plaintiff, Ms. Ali (Ali v. Surrey (City), 2016 BCSC 151).The accident occurred when the Defendant was turning right out of a parking lot onto...