Motor Vehicle Accidents

ICBC Hired Gun Rejected By the Court in Personal Injury Case

Medical Experts in personal injury cases are supposed to be impartial, independent and absent of bias. Dr. O.M. Sovio was qualified as an expert in orthopedic surgery in this personal injury case but his opinion was rejected by the Court. … Continue reading

Lower Burden of Proof for Future Events in Personal Injury Cases

This case provides an important restatement of the law of evidence regarding the burden of proof in personal injury cases: [110]   The burden of proof of actual past events is a balance of probabilities. An assessment of loss of … Continue reading

Late Report Causing Mistrial in Jury Case

This was a motor vehicle accident injury case set to proceed before a jury for eight days. 12 days before trial the defendant serve a Supplementary Report from an orthopaedic expert. The jury had just been selected and was required to … Continue reading

Left Turning Vehicle at Surrey Intersection 100% at Fault

The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it … Continue reading

$212,000 ICBC Injury Settlement Ordered to be Paid by Drunk Driver

The victim of a drunk driving accident settled with ICBC by way of an all-inclusive payment by ICBC in the amount of $212,000.  The drunk driver responsible admitted the settlement was reasonable but denied being drunk and refused to repay ICBC … Continue reading

Loss of Use in Auto Accident Claims Clarified by the Court of Appeal

This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a … Continue reading

When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was … Continue reading

Google Earth to be an Important Tool in the Injury Lawyers Toolkit

Unquestionably one of the most compelling destination compendiums of our planet,  Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction.  The future is bright for this mother of all Earth browsers, … Continue reading

Credibility Issue no Bar to Summary Trial in Personal Injury Case

This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed … Continue reading

Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to … Continue reading