25 November, 2016

Future Care Cost Awards for Aboriginal Plaintiff

In the case of Watkins v. Harder, 2016 BCSC 2078, the Plaintiff was injured when her vehicle was rear-ended by the Defendant’s truck. The Defendant admitted liability for the accident and the Plaintiff was awarded $233,950 in damages. This award included...

23 November, 2016

Rear-end Accidents

The case of Bingul v. Youngson, 2016 BCSC 1868, is one of the few exceptions to the general rule that the driver following another vehicle is responsible when a rear-end collision occurs. In this case, the Plaintiff, Mr. Bingul, alleged that he...

22 November, 2016

Suing the Ministry of Highways and Transportation

The main issue in the case of Bayfield v. British Columbia (Ministry of Transportation), 2016 BCSC 1965, was whether the Province of British Columbia was liable for causing an accident by negligently designing and constructing a highway median. The Plaintiff was involved...

18 November, 2016

Depression – Collision Related or Not?

In most cases that proceed to trial, there is a disagreement over a key issue that has a significant impact on a case’s potential value. This appeared to be the case in Truong v. Lu, 2016 BCSC 2043. In the Truong case,...

16 November, 2016

Financial Consequences of Suing the Wrong Person

In Harden v. Katerberg, 2016 BCSC 2066, the Plaintiff alleged she was injured while loading a horse onto a transport trailer. After the court documents were filed, the Plaintiff’s lawyer applied to add Ms. Katerberg as a Defendant. This hearing was...

15 November, 2016

Deadline to Start a Personal Injury Lawsuit

There are strict deadlines that apply to starting a personal injury lawsuit. In British Columbia, you must start it within two years from the date of the collision. The Court can extend this time under very limited exceptions. In DeWolfe...

09 November, 2016

Returning to Work After a Motor Vehicle Accident

Questions of mitigation often arise in personal injury cases when the Plaintiff fails to undergo recommended medical treatment or therapies. Questions of mitigation also arise in the context of a Plaintiff’s failure to return to work, and the financial consequences...

07 November, 2016

A Child’s Claim Under the Family Compensation Act

Losing a loved one in a motor vehicle accident is not something we like to think about, but it does happen. If a child loses one parent, his damages under the Family Compensation Act, R.S.B.C. 1996, c. 126, relating to that...

04 November, 2016

Medical Evidence at Trial

At trial, the Plaintiff normally provides the Court with medical evidence that supports their claim for personal injury. ICBC often provides medical evidence that contradicts this or minimizes the injuries. Klein v. Sangha, 2016 BCSC 1864, is an unusual case that...