22 April, 2015

Stoic Plaintiffs Should Not be Penalized

Many people who are injured in motor vehicle accidents return to work shortly after the accident and continue working even though they are in pain.  ICBC may claim that since they are working they must not be injured but the...

20 April, 2015

Proving Self-Employment Income

In 2007, our firm took a personal injury case called Adamson v. Charity, 2007 BCSC 671, to trial.  Our client, Mr. Adamson, was a highly talented finishing carpenter who worked on and co-managed his family’s rental investment properties.  Since he...

15 April, 2015

Pre-Existing Conditions

If you have a pre-existing condition before your accident, how does that affect your personal injury case?  While each case is fact specific, Gulati v. Chan, 2015 BCSC 431, is an example.  In that case, the Plaintiff had arthritis before the...

13 April, 2015

Future Loss of Earning Capacity

If you have been injured in a car accident and as a result of your injuries you will experience wage loss in the future (post-trial), you are entitled to an award for future loss of earning capacity. Two commonly used...

13 April, 2015

Employment Records

During the course of a lawsuit, ICBC will often engage in a fishing expedition to obtain records that could potentially hurt your case, including records from an employer or treatment provider, without having first established that the records could be...

09 April, 2015

Accepting ICBC’s Formal Offer Constitutes a Binding Agreement

The majority of personal injury lawsuits settle.  During settlement negotiations, ICBC will often deliver a formal offer to the settle to the Plaintiff.  This formal offer is usually ICBC’s “bottom line” and often contains a clause that the Plaintiff is...

09 April, 2015

Hit and Run Cases

If you are involved in a hit and run accident, it is important to make reasonable efforts to determine the identity of the unknown driver. Failing to do so may result in your case being dismissed.     In George v. Doe,...

02 April, 2015

Do I Need a Lawyer?

Luckily, most people come to a law office to clarify what their friends and family have told them about their case. Others, however, take their friend’s advice to heart and proceed with litigation on their own or with the help...

01 April, 2015

Accidents Involving Left Turning Vehicles

We often have clients who are involved in accidents where one motor vehicle was turning left and the other vehicle was travelling straight through at an intersection. There is a commonly held belief that the driver turning left is automatically...