Motor Vehicle Accidents

ICBC Allowed to Deny and Admit Liability for Same Car Accident

The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident … Continue reading

Future Care Injury Award Reduced for Public Funding

The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of … Continue reading

Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to … Continue reading

First Injury Case of 2018 Applies Possibility Test to Past Losses

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical … Continue reading

Prima Facie Inference of Negligence Wins Appeal

This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost … Continue reading

Nurse Awarded $450,000 for Future Income Loss

This injury claimant was involved in 2 car accidents. In the first she was rear-ended by a cement truck. In the second accident she was in Victoria, on her way to the airport, when the taxi she was in was struck on … Continue reading

Injury to Arthritic Hand Warrants $95,000 Pain and Suffering Award

The court concluded that prior to the car accident the claimant had a number of “quiescent but present conditions” in his hands and wrists that would likely have become increasingly symptomatic over time even if the accident had never occurred. This … Continue reading

$180,000 Award for Pain and Suffering in Chronic Pain Syndrome Case

This personal injury case arose from a car accident which occurred at the intersection of 140th Street and 74th Avenue in Surrey when the other vehicle turned left into the path of the claimant’s vehicle. She was 58 year old at the time … Continue reading

Thanksgiving Weekend Car Accident Results in $200,000 Award

For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s … Continue reading

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