26 April, 2016

ICBC Ordered to Pay Double Costs in Arsenovski Case

You may have seen the recent news report where ICBC was ordered to pay almost $400,000 in damages to a plaintiff that the corporation had falsely accused of fraud. http://www.cbc.ca/news/canada/british-columbia/icbc-malicious-prosecution-1.3473693In a follow-up judgement, Madam Justice Griffin has ordered ICBC to...

22 April, 2016

Double Costs

Prior to trial, the Plaintiff and Defendant normally exchange settlement offers as part of the negotiation process…and the Court rules encourage early settlement.  If the matter proceeds to trial, under the Court rules the successful party is typically entitled to...

21 April, 2016

Low Velocity Impact Collision

Have you been injured in a motor vehicle collision described as “low velocity”?  If so, it is important to understand the court’s view of low velocity collisions.  It can be quite different than the insurance company’s policy.In Dabu v. Schwab,...

18 April, 2016

Pre-Existing Conditions

How does the Court assess personal injury damages when a plaintiff suffered from pre-existing conditions prior to a motor vehicle collision?  A recent case, Matharu v. Gill, 2016 BCSC 624, provides an example.The plaintiff had been diagnosed with inflammatory polyarthritis, osteoporosis,...

14 April, 2016

Two Left-Turning Vehicles Collide – Who is at Fault?

Drivers need to be careful when turning left out of parking lots or driveways onto main roads.  Not only do you have to watch for traffic on the road, you also have to mindful of other vehicles trying to enter...

11 April, 2016

Drunk Passenger Grabs Steering Wheel and Causes Accident

In July, 2006, Ms. Felix was at a soccer game with her boyfriend.  At the end of the game, the boyfriend was intoxicated and argumentative.  Ms. Felix decided it would be best if they left, and she got into the...

06 April, 2016

Dogs Can Be a Distraction While Driving

As much as you love your dog, taking it for a ride in the car with you can be distracting.  And distraction is one of the leading contributing factors in motor vehicle deaths on B.C. roads.  According to police data,...

30 March, 2016

The Importance of Accurate Physician Records.

In Sequeira v. Higgins, 2015 BCSC 1192, the Plaintiff was a physically fit 81-year old. After retiring from his job as a heavy duty mechanic at the age of 60, he worked as a fitness instructor until he was in his...