June 28th, 2010
Innes v. Bui, 2010 BCCA 322
July 4, 2011- This personal injury case has been considered by one case since being handed down and is considered good law up to the date of thsi article. The ICBC claimant appealed an order that dismissed her personal injury claim arising from a motor vehicle accident. The basis of the order was a finding that the issue of fault for the collision was res judicata (already been decided by another court of competent jurisdiction).
Ms. Bui went to Small Claims Court over her loss of drivers discount after ICBC assessed her as 100% at fault. Read the rest of this entry »
June 25th, 2010
Skinner v. Fu, 2010 BCCA 321
July 4, 2011- The injury claimant rear-ended a vehicle when the other driver stopped without warning in the right lane of a highway. A personal injury claim from the car accident was originally dismissed by the court even though the trial judge found the driver that had stopped on the highway after hitting a coyote was negligent. ICBC denied the claim despite the fact the other driver failed to show up for court.
The Court of Appeal concluded the trial judge was Read the rest of this entry »
June 22nd, 2010
July 4, 2011-This uninsured car accident (Pierre v. Miller, 2010 BCSC 812 ) occurred on a road known and marked as the Finlay Forest Service Road. The applicant ICBC argued that the Finlay Forest Service Road fell within the Forest Act definition because it is declared to be a forest service road and because it was constructed or maintained by the Minister of Forests. The injury claimant however, provided evidence that Read the rest of this entry »
June 11th, 2010
This is only a problem if you do not have a lawyer because a personal injury lawyer’s job is, in part, to negotiate and settle your case. It is like asking “how do I fix my car?”, there are a lot of manuals and training courses out there to help you become a mechanic, but it just might be smarter to pay to have a mechanic fix your car.
As a claimant without a lawyer Read the rest of this entry »
June 9th, 2010
July 4, 2011- In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271)despite The Jury awarding a claimant $385,000.00 for pain and suffering and the Trial Judge reducing the amount to $327,350.00, the Court of Appeal intervened to reduce the award even further, to $225,000.00. It seems unfair that a claimant can receive a hard fought award from a Jury only to have Judges of our Court seemingly ignore the award and replace it with their own assessment. If, at the end of the day, Judges are going to decide how much money a claimant should get, why do we allow civil jury trials? However, the Court of Appeal rationalized their decision Read the rest of this entry »
June 8th, 2010
July 3, 2011- In this 17 year old victim car accident brain injury case(Cikojevic v. Timm, 2010 BCSC 800 )the claimant was the middle-seat passenger in the defendant’s compact truck when he drove it off the road and into a tree. The force of the collision threw her head into the windshield hard enough to star it. The defendant agreed that the injury claimant suffered a mild traumatic brain injury (“MTBI”) and soft tissue injuries as a result of the accident. The Court however, reduced the award for pain and sufferring by 5% because the injury claimant did not act reasonably in not pursuing psychological treatment as recommended by Read the rest of this entry »
June 7th, 2010
July 3, 2011- In this ICBC doctor personal injury case (Raun v. Suran, 2010 BCSC 793)the claimant was injured in a violent rear-end motor vehicle collision July 12, 2005. ICBC on behalf of the at fault driver admitted liability for the collision but assessed the case as being worth little more than $18,000.00. Defence counsel had the injury claimant assessed by Dr. Sovio, an orthopaedic surgeon and he concluded, “It does not appear that there is anything significant ongoing as far as the patient’s current situation is concerned.” However, the Judge found that Dr. Sovio did not address the chronic nature of the injury and awarded the claimant $75,000.00 for pain and suffering, $75,000.00 for reduced earning capacity, $22,000.00 past income loss and out of pocket expenses of $1,533.00.
As of the date of this update this case is still good law and has not been considered or overturned. Posted By Mr. Renn A. Holness
Issue: Should doctors hired by ICBC and other third party insurers, be allowed to testify if their reports do not deal with the main issues in a case?
June 3rd, 2010
Bortnik v. Gutierrez, 2010 BCSC 856
June 6th, 2011 update- This case illustrates how important it is for injury claimants to avoid any suggestion that they are exaggerating their injuries and to date the case has not been overturned. The car accident occurred when the claimant was driving and his vehicle was hit in the front right-hand side, damaging the fender and right front wheel. ICBC admitted liability for the defendants.
The only witnesses were Read the rest of this entry »
June 1st, 2010
June 6, 2011- The car accident injury claimant was seeking compensation from what she said was a very severe impact on her life due to her car accident injuries (Shapiro v. Dailey, 2010 BCSC 770). These injuries were soft tissue type injuries that developed into persisting chronic pain syndrome, fibromyalgia, myofascial pain, anxiety/panic disorder, depressive symptoms, post-traumatic stress disorder, thoracic outlet syndrome, and associated physical, emotional and cognitive difficulties. This case has been considered or referred to at least 4 times but has not been overturned to date. Read my review of a car accident shoulder injury case that considered this case. Also considering this case was a failure to mitigate personal injury case which I have also reviewed. This case was also referred to in the ICBC statement case of Sandher v. Hogg, 2010 BCSC 1152. Read the rest of this entry »