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...
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. ...
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...
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...
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...
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...
If you accept a ride with a driver you know is intoxicated, you can be held partially responsible for any injuries you suffer if the driver has an accident. In Glanville v. Moberg, 2014 BCSC 1336 (heard at the same...
If you claim that the motor vehicle accident caused your psychological issues, such as depression or anxiety, ICBC may request that you be examined by their psychiatrist or psychologist. In Garford v. Findlow, 2014 BCSC 2404, the Plaintiff was a...
A Plaintiff usually sets the trial in the city where he or she resides. However, on occasion trials are set in another venue. If that other venue is not convenient to the Defendant, they might apply to the Court to...
In the case of Litt v. Guo, 2015 BCSC 2207, the Plaintiff was involved in two motor vehicle accidents. She claimed that those accidents left her with ongoing pain and triggered a pain disorder, leaving her unable to continue with...