The British Columbia Court of Appeal has decided that fault generally lies with the “following driver” in a rear-end collision. Most people would agree that this is common sense.The Court also emphasized that a rear-end collision is merely evidence, for...
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In many personal injury cases, the largest award of damages is for a loss of future earning capacity. This is because the Court is attempting to compensate the Plaintiff for all of the lost wages they will forgo in the...
Did you know that in the event of a hit- and-run collision, ICBC can be named as a nominal Defendant if the true perpetrator cannot be identified? It can be done – but few people know that before ICBC can...
In most motor vehicle injury cases the injured party is struck by another vehicle. However some cases, such as Gaebel v. Lipka, 2016 BCSC 2391, involve a single vehicle accident. The Plaintiff passenger, Mr. Gaebel, alleged that the Defendant driver of...
To obtain an award of damages in a personal injury case, one must prove the collision caused the alleged injuries. In legal terms, this refers to “causation”.Causation was a key issue in Kodelja v. Johal, 2017 BCSC 164. The Plaintiff alleged...
A great article published by Now Toronto!Read here...
In Brown v. Mitchell, 2017 BCSC 125, the Court assessed damages for chronic pain. The Plaintiff sustained injuries in two motor vehicle collisions, the second of which was more serious.In the first collision, the Plaintiff was rear-ended after stopping behind traffic...
A claim for loss of housekeeping capacity is for the loss of the value of the housekeeping work that a person would have done but can no longer do because of injuries. The basis for such a claim is the...