ICBC Settlements

ICBC Rejects $200,000 Offer After Judicial Settlement Conference

This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for … Continue reading

ICBC Position on Costs Provokes Court Comment

After settlement of a personal injury case with ICBC  the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an … Continue reading

Settlement Offer Beaten and Claimant Awarded Double Costs

This successful personal injury claimant was awarded double costs of all steps taken in the lawsuit following an offer to settle he made in the week before the trial (Ostrikoff v. Oliveira,2014 BCSC 842). In ICBC personal injury cases additional costs … Continue reading

Promoting Settlement with Mediation Agreements- Reading the Fineprint

The settlement of personal injury cases in Canada just got more complex. The Supreme Court of Canada has eked out a new place for mediation contracts, in our legal arsenal of settlement tools, that contain absolute confidentiality clauses preventing parties … Continue reading

Increasing ICBC Injury Settlements and Court Awards- New Discount Rates

The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect … Continue reading

ICBC Offer to Settle Personal Injury Claim Attracts Costs

ICBC’s offer to settle this personal injury case for $125,000.00 was just above the $121,600 awarded by the court. As a result the judge denied the claimant his costs after the date of the ICBC offer for the first accident and, … Continue reading

What is My ICBC Claim Worth – Assessing the Value of a Claim for Settlement

Quick Answer: “A Case Settles for what it is Worth” As a young lawyer I was told by my mentor Thomas O. Griffiths a case settles for what is it worth and was quickly put to work researching caselaw. I … Continue reading

Personal Injury Settlement Includes Medical Booking Fee

This personal injury case settled for $75,000 plus costs and disbursements recognizing the claimant’s loss of quality of life. The remaining dispute however was over the  Claimants costs for hiring a booking agent to find a medical expert (Ross v. … Continue reading

Settlement Offer of $450,000 Should have Been Accepted

Personal injury lawyers are often faced with advising clients about offers of settlement. This, claimant gets awarded less than settlement offer case(Brewster v. Li,2014 BCSC 463) illustrates the modern approach BC Courts are taking to pre-trial offers of settlement. If … Continue reading

ICBC Settlement Offer Deprives Claimant of Trial Costs

A $222,000 offer to settle a car accident injury claim was rejected and after a ten day trial a jury awarded $53,000. In light of the juries award the claimant was denied the costs of preparation and attendance at trial (Wafler v. … Continue reading