10 April, 2017

Chronic Pain After a Motor Vehicle Accident

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...

24 March, 2017

Loss of Housekeeping Capacity

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...

22 March, 2017

ICBC Disputes Plaintiff’s Injuries Connected to Accident

The Plaintiff in the case of Kim v. Lin, 2016 BCSC 2405, brought a claim for damages for injuries she suffered in a motor vehicle accident. The Defendants admitted liability for the accident but disputed that some of her present difficulties...

20 March, 2017

Cost of Future Care for Paraplegic

When a person is seriously injured in a motor vehicle accident, the cost of caring for them in the future is an important part of their personal injury claim.  For example, in the case of Warick v. Diwell, 2017 BCSC 68,...

28 February, 2017

A Plaintiff’s Duty to Follow Reasonable Medical Advice

In the case of Lally v. He, 2016 BCSC 2187, the Plaintiff was injured when her vehicle was rear-ended by the Defendant. Liability was admitted but the defence disputed the amount of damages the Plaintiff was claiming. The defence submitted that...

24 February, 2017

Police Responsibility in High Speed Chases

The main issue in the case of Kweon v. Roy, 2016 BCSC 2305, was whether an RCMP officer was partly responsible for causing an accident by initiating a high speed pursuit of the Defendant’s vehicle in dangerous circumstances. The Plaintiff, Ms....

22 February, 2017

Pull Your Vehicle Over to a Safe Location After Your Accident

The case of Khudabux v. McClary, 2016 BCSC 1886, is a reminder for drivers to ensure that vehicles are in a safe location before seeking to exchange information with the other drivers involved in the collision. In this case the issue...

02 February, 2017

Cancer Misdiagnosis Case

Typically, medical negligence claims involving cancer allege a failure to diagnose the cancer in a timely manner.  However, the converse may also occur.  In Kooijman v. Bradshaw, 2016 BCSC 2316, the Plaintiff alleged the Defendant pathologists wrongly diagnosed her with thyroid...

30 January, 2017

Double Costs after Trial

The Rules of Court contain incentives to encourage parties to settle cases out of court.  If a Plaintiff makes an offer to a Defendant in order to settle a case and that offer is rejected, the matter will proceed to...