08 March, 2016

Court Orders ICBC to Pay $350,000 for Malicious Prosecution

A British Columbia woman sued ICBC for malicious prosecution and won (Arsenovski v. Bodin, 2016 BCSC 359). She was awarded $350,000 in punitive damages and $30,000 for emotional suffering. The Court based this award on a finding that an ICBC investigator...

03 March, 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...

02 March, 2016

BC Woman Awarded $350,000 in Punitive Damages Against ICBC

The British Columbia Supreme Court has ruled that people involved in car accidents “must be protected from abuses of power by ICBC and its SIU officers”. We wholeheartedly agree. In the landmark decision of Arsenovski v. Bodin, 2016 BCSC 359, Madam Justice...

22 February, 2016

Deductions From Future Cost of Care Awards for ICBC Part 7 Payments

It almost goes without saying that plaintiffs' lawyers and insurance defence lawyers rarely agree on anything, especially when it comes to the value of an injured person's claim, and even more so where this involves estimating costs that will arise...

16 February, 2016

Award For Loss of Future Earnings Despite Minimal Past Wage Loss

When a person is injured in an accident, their ability to work may be affected. How much they are affected will vary from case to case, depending on the circumstances. Sometimes an injured person will continue to work but in...

10 February, 2016

Comparing Pre-Injury and Post-Injury Status: the “Big Picture”

In nearly every legal claim for injuries, the injured person at some point asks his or her lawyer, “What is my claim worth?” You may hear lawyers refer to this valuation as the “quantum,” which simply means the amount of...

05 February, 2016

Cyclist Knocked Over and Injured by Dog

In the case of Gallant v. Slootweg, 2014 BCSC 1579, the sixty-one year old Plaintiff was riding his bicycle in front of the Defendants’ yard when the Defendants’ Doberman ran from their property, unimpeded by the electronic fence that was intended...

02 February, 2016

Court of Appeal Success for Acheson Sweeney Foley Sahota

Sean Sweeney, a partner at our firm, represented a licenced practical nurse that had been in a motor vehicle accident. At trial, Mr. Sweeney was successful and the Plaintiff was awarded a very favourable amount in damages. (Thomasson v. Moeller,...

26 January, 2016

Compensation for Chronic Pain Caused by Bus Accident

In Dhaliwal v. Greyhound Canada Transportation Corp., 2015 BCSC 2147, the Plaintiff was injured when the Greyhound bus he was on was involved in an accident. The Defendants admitted fault for the accident and the Court assessed damages. The Plaintiff was a...

13 January, 2016

Court Rejects Defense Medical Opinion of Dr. Grypma

In Litt v. Hassan, 2015 BCSC 1920, ICBC relied on a medical-legal report prepared by Dr. Grypma. His report stated that the Plaintiff did not suffer any injuries from the two motor vehicle collisions he was involved in. The Court rejected Dr....