09 May, 2016

Pedestrian Struck By Vehicle in a Crosswalk

When a pedestrian is struck in a crosswalk, what laws come into play? Section 179 of the Motor Vehicle Act is the statute that governs the rights of way between pedestrians and motor vehicles. The relevant sections of that provision...

06 May, 2016

Experienced ICBC Lawyers: Liability of Left-Turning Vehicle on Late Amber or Early Red Light

The key issue in Swieczko v. Nehme, 2016 BCSC 399, was liability, or in other words “who was at fault for the motor vehicle accident”. In this case the question was who is responsible when a left turning vehicle is trying...

04 May, 2016

Credibility of the Plaintiff is Important

Credibility of the Plaintiff in personal injury actions is very important. In order to assess the appropriate level of compensation, the Court often must rely on the subjective evidence of the Plaintiff concerning the areas of injury, the level of...

02 May, 2016

Make Sure You Are Compensated for Your Loss of Future Earning Capacity

If there is a reasonable offer of settlement, it is often advisable to accept the offer rather than proceed to trial, since trials can be an uncertain and expensive process. However, there are situations where the Plaintiff and Defendant have...

29 April, 2016

Hard-Working Immigrant Injured in Motor Vehicle Accident

In the recent case of Manoharan v. Kaur, 2016 BCSC 692, the Plaintiff, a 47 year old immigrant from India was injured in a motor vehicle accident. At the time of the accident, the Plaintiff was working at an accounting firm....

27 April, 2016

Mitigating Your Losses

Whenever a plaintiff suffers injury due to the negligence of another person, they have a duty to take reasonable steps to get better and reduce the damages payable by the defendant. The defendant is not liable to pay the plaintiff...

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-1.3473693 In 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,...