23 September, 2015

Elderly Plaintiffs

Do elderly plaintiffs deserve to have their age taken into consideration when the court awards damages?  In the case of Mathroo v. Edge-Partington,  2015 BCSC 122, the Plaintiff was an 84 year old pedestrian struck by a motor vehicle in...

21 September, 2015

Lumbar Facet Syndrome

In Villing v. Husseni,  2015 BCSC 1604, the Plaintiff was a young woman attending paralegal school with the goal of becoming a paralegal and possibly a lawyer. She was involved in a motor vehicle collision where liability was admitted by...

18 September, 2015

Kava and ICBC’s Evidentiary Burden to Prove a Breach

In Venkataya v. Insurance Corporation of British Columbia,  2015 BCSC 1583, the Plaintiff was involved in a single vehicle collision after having attended a gathering at a friend’s home where food was eaten and Kava, Fiji’s national drink, was drank....

16 September, 2015

Accidents Involving Emergency Vehicles

In the case of Maddex v. Sigouin,  2014 BCCA 213,  the Plaintiff was a police officer struck by the Defendant when the Defendant attempted to pass the police vehicle on the left in a lane dedicated to left turning vehicles....

15 September, 2015

Pedestrian Collisions

Faircrest v. Buchanan,  2015 BCSC 657, is an unusual case involving the collision of two pedestrians.  In this case, Ms. Faircrest was injured while volunteering at Connolly Lodge, a mental health facility.  During her volunteer shift, a patient became increasingly...

27 August, 2015

Real Estate Agents and WCB

A recent Workers Compensation Act case, WCAT-2015-02345, involved Ms. Schumann, a real estate agent injured in a motor vehicle accident.  ICBC argued that she was a “worker” as defined by the Workers Compensation Act at the time of the collision...

12 August, 2015

Use of Interpreters at Trial

Kim v. Khaw, 2014 BCSC 2221, is a case that dealt with the question of whether the use of an interpreter is relevant to the assessment of a Plaintiff’s credibility. The Plaintiff had testified through an interpreter but had served...

06 August, 2015

Can I Still Accept the Offer?

In personal injury cases, the Plaintiff’s lawyer and ICBC typically exchange multiple offers.  These usually include “formal” and “informal” offers.  The main difference is whether one can bring the offer to the court’s attention after trial, in order to seek...

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