22 June, 2016

Who is Responsible If You Slip and Fall?

When a person slips and falls, it’s not unusual to want to place the blame on the owner or occupier of the premises where you slipped.   Whether or not an owner/occupier will be responsible for your injury depends on whether...

20 June, 2016

Lay Witnesses are Very Important

We cannot stress enough how helpful friends and family can be to your personal injury case.  If their testimony corroborates yours, it can have a significant impact on the outcome of your case.In Olson v. Yelland, 2016 BCSC 216, the Plaintiff...

17 June, 2016

Post-Traumatic Stress Disorder

In the case of Shongu v. Jing, 2016 BCSC 901, the Plaintiff, Mr. Shongu, was injured in a motor vehicle accident which caused his prior post-traumatic stress disorder (PTSD) to resurface, leaving him severely disabled.By all accounts the Plaintiff had had...

15 June, 2016

Driving Without the Vehicle Owner’s Consent

The recent decision of Schoenhalz v. ICBC, 2016 BCSC 661, considered the issue of whether the Plaintiff, who was a passenger in a vehicle, knew or ought to have known that the driver did not have the vehicle owner’s permission to...

13 June, 2016

The Danger of Representing Yourself at a Personal Injury Trial

The recent decision of Mather v. MacDonald, 2016 BCSC 948, is an example of the difficulties that can arise when individuals represent themselves at personal injury trials. In this case, the Plaintiff’s lack of familiarity with the process meant that his...

10 June, 2016

ICBC Disability Benefits

In Symons v. Insurance Corporation of British Columbia, 2016 BCCA 207, the Court of Appeal upheld the judge’s interpretation of the legislation governing ICBC disability benefits.  ICBC disability benefits provide partial wage replacement to those unable to work following a collision. ...

08 June, 2016

Low Velocity Collisions

Insurance companies typically argue that a Court ought to award no or minimal damages based on a “low velocity” defense.  They argue that if the collision involved a low velocity impact and caused minimal or no vehicle damage, then there...

06 June, 2016

Pain and Suffering in the Golden Years

In Bardua v. Han, 2016 BCSC 861, the Court reviewed the principles of assessing pain and suffering damages using the “golden years” doctrine.At the time of the collision, Ms. Bardua was 76-years old and was recovering from hip surgery. She was...

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...