24 October, 2016

Part 7 “No Fault” Benefits

In addition to seeking compensation from the Defendant driver in a motor vehicle accident, inured parties can also claim ‘Part 7 Benefits’. Part 7 benefits are named after the section of the Insurance (Vehicle) Act which provides for up to...

21 October, 2016

Compensation for Loss of Ability to Maintain Your Home

The purpose of awarding a Plaintiff damages for the Defendant’s negligence is to restore the Plaintiff to the position they would have been in had the negligence not occurred. This involves claiming compensation for pain and suffering, lost wages and...

19 October, 2016

Business Losses Post-Collision

In Singh v. Soper, 2016 BCSC 1748, the Plaintiff claimed business losses following a February, 2006, motor vehicle collision.  He was 64 years old at trial.At the time of the accident, the Plaintiff was driving a truck he had leased.  He...

17 October, 2016

Collision Causes Stroke

Injuries caused by motor vehicle accidents are not always straightforward. In McKenzie v. Lloyd, 2016 BCSC 174, the Plaintiff was involved in four motor vehicle collisions over a three-year time period. The key issue before the Court was the cause of...

07 October, 2016

Your Obligation to Locate an Unidentified Driver

In the case of Lapointe v. John Doe, 2015 BCSC 428, the Plaintiff was injured when her vehicle was forced off the road by an unknown driver.  She brought a summary trial application to determine, amongst other things, whether she had...

05 October, 2016

Mitigation

In many cases, the Courts have reduced an award for damages due to a Plaintiff’s failure to mitigate. Examples commonly argued by ICBC include failing to pursue a recommended therapy or medication recommended by doctors, failing to lose weight and...

03 October, 2016

The Liability of Commercial Hosts That Serve Alcohol

A commercial establishment has obligations with respect to serving liquor to an intoxicated patron.  The law requires commercial hosts:To refrain from selling or giving liquor to an intoxicated person; To refrain from selling or giving liquor to a person apparently under...

30 September, 2016

Black Ice and Inevitable Accident

To claim damages an injured Plaintiff must establish liability, proving that the Defendant was at fault.   In some cases, a Defendant may argue that he or she is not liable based on the “inevitable accident” defense.  In other words, there...

29 September, 2016

Thoracic Outlet Syndrome

In Hsu v. Choquette, 2015 BCSC 1123, the Court considered whether the Plaintiff developed thoracic outlet syndrome following a motor vehicle collision.  The court accepted that the motor vehicle collision caused “reasonably severe soft-tissue issues that go into spasm regularly,...

27 September, 2016

Injured in a Motor Vehicle Accident While Working

What do you do if you are in a car accident while you are in the course of your employment?  The answer depends on whether or not the other driver was also driving while in the course of their employment.If...