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Personal Injury News

May 2014

Start Advocate Making Online ICBC Claim

Finally Found! We have been receiving online ICBC claims information and reporting ICBC claims since 1999 for our personal injury clients. As a legal advocate for the injured I began reporting ICBC claims in 1995, before any online reporting systems existed. Unbelievably very little has changed in the ICBC reporting requirements since the regulations were…

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Lawyers Behaving Badly- The Future with Case Planning Conferences

Personal injury lawyers in British Columbia are often faced with having to attend one or more Case Planning Conferences (“CPC”) at the request of ICBC or other defendants in the normal course of litigation. These closed court CPC’s have a status of their own and, as recently revealed, are under veil of secrecy. The court…

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Family Doctor Not Required at ICBC Personal Injury Trial

No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…

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Private MRI Costs in BC Personal Injury Cases- The Flip Flop

This car accident personal injury claimant was awarded the cost of a private MRI as a reasonable disbursement (Gray v. Kohnert,2014 BCSC 888). This is great news for BC injury claimants but does have a few personal injury lawyers scratching their heads. Just weeks before this decision the Court refused the costs of a private…

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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 can be awarded to a party if they beat a reasonable offer made before the…

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ICBC Insurance Now Covers Travel To Outdoor Activities- No Waivers Allowed!

The law creating the Insurance Corporation of British Columbia, ICBC, essentially prohibits an owner, driver or passenger from entering into a contract to exclude liability while in use and operation of a motor vehicle. The majority of our Court of Appeal have determined that such a waiver or release is contrary to the nature of…

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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 from proving the terms of a settlement (Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35).…

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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 more money for awards and settlements for future losses. This better reflects the decrease in…

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ICBC Statement Causes Lawsuit in Agony of Collision Case

  This personal injury case involved in a motor vehicle collision that occurred on Highway 97 North near Summit Lake, BC. when the claimant hit into a parked vehicle that had lost control earlier(Hart v. Jacobsen, 2014 BCSC 704 ). Despite the ice and snow the claimant told the ICBC adjuster he was driving at 80 to…

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