When to refuse an ICBC offer of settlement, was a topic discussed in the trial judges decision and this is the personal injury claimants self appeal to the BC Court of Appeal(Gatzke v. Sidhu, 2013 BCCA 261) . The the injury claimant did not have a personal injury lawyer at her appeal and the court found her grounds of appeal difficult to follow. It appeared she argued that the trial judge misapprehended the evidence, was biased against her, made factual findings that are clearly wrong, and her counsel was ineffective. She challenged almost all the reasons for judgment.
An ICBC offer to settle of $50,000.00 had bee made but rejected and in the decision below the claimant was awarded 3o% of $31,500.00. This appeal was dismissed as the claimant was unable to identify any errors of law or palpable and overriding errors of fact that would permit the Court to intervene. The evidence was capable of supporting the trial judge’s conclusions on both the extent of the knee injury and the quantum of damages.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.