27 May, 2016

Medical Marijauna

Just because the courts make an award for medical marijuana in one case does not automatically mean that they will make such an award in another case. Judges review each case on its own merit and look at whether there...

25 May, 2016

Facebook – Please Be Cautious

Did you know that ICBC can and will use your Facebook posts against you in court? If you claim to be injured and unable to engage in pre-accident activities but your posts show you are active and social, you will...

20 May, 2016

Accepting a Ride With an Intoxicated Driver

If you accept a ride with a driver you know is intoxicated, you can be held partially responsible for any injuries you suffer if the driver has an accident. In Glanville v. Moberg, 2014 BCSC 1336 (heard at the same...

18 May, 2016

Psychological Problems Caused By the Accident and Independent Medical Exams

If you claim that the motor vehicle accident caused your psychological issues, such as depression or anxiety, ICBC may request that you be examined by their psychiatrist or psychologist. In Garford v. Findlow, 2014 BCSC 2404, the Plaintiff was a...

16 May, 2016

Changing the Venue of Your Trial

A Plaintiff usually sets the trial in the city where he or she resides. However, on occasion trials are set in another venue. If that other venue is not convenient to the Defendant, they might apply to the Court to...

11 May, 2016

Does A History of Anorexia Nervosa Affect Your Personal Injury Claim?

In the case of Litt v. Guo, 2015 BCSC 2207, the Plaintiff was involved in two motor vehicle accidents. She claimed that those accidents left her with ongoing pain and triggered a pain disorder, leaving her unable to continue with...

09 May, 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...

06 May, 2016

Experienced ICBC Lawyers: Liability of Left-Turning Vehicle on Late Amber or Early Red Light

The key issue in Swieczko v. Nehme, 2016 BCSC 399, was liability, or in other words “who was at fault for the motor vehicle accident”. In this case the question was who is responsible when a left turning vehicle is trying...

04 May, 2016

Credibility of the Plaintiff is Important

Credibility of the Plaintiff in personal injury actions is very important. In order to assess the appropriate level of compensation, the Court often must rely on the subjective evidence of the Plaintiff concerning the areas of injury, the level of...

02 May, 2016

Make Sure You Are Compensated for Your Loss of Future Earning Capacity

If there is a reasonable offer of settlement, it is often advisable to accept the offer rather than proceed to trial, since trials can be an uncertain and expensive process. However, there are situations where the Plaintiff and Defendant have...