Monthly Archives: July 2012

Legal Help After a Car Accident in Vancouver and Anywhere in British Columbia

As a practicing lawyer in British Columbia since 1995 much of my legal work has been done assisting claimants after car accidents. I want to make just a few comments in this article on the type of legal assistance a claimant needs after being involved … Continue reading

Personal Injury Claimant Wins Award for Loss of Farm Earning Capacity

In this loss of farm earning capacity car accident case(Verge v. Chan,2012 BCSC 876) the claimant’s vehicle was hit head-on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna. The injury claimant suffered soft tissue injuries to her … Continue reading

ICBC Defends Car Injury Case and Massage Therapist Still Wins $300,000 Award

The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind  in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another … Continue reading

Car Accident Injury Claimant Wins Case Despite ICBC Statements

This personal injury case involved four car accidents for which liability was admitted(Demidas v. Poinen, 2012 BCSC 416). The Insurance Corporation of British Columbia (ICBC), on behalf of the defendants, said that the injury claimant was an unreliable witness and deliberately exaggerated his … Continue reading

Offer to Settle Car Accident Injury Claim Rejected and Winning Claimant Gets Legal Fees Paid

  In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an  offer does not weigh against the awarding of double costs.  In this car accident personal injury case the injury claimant … Continue reading

Loss of Earning Capacity Award Upheld in Winning Car Accident Injury Case

This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable … Continue reading

“But for” Test in Motor Vehicle Accident Cases Beefed-Up By Supreme Court of Canada

  In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada  has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution … Continue reading