Monthly Archives: October 2014

Medicolegal Report and Video Evidence not Admissible

During the course of this personal injury trial, the at fault driver, the defendant,  sought to tender an expert medicolegal report and video deposition of an otolaryngologist  (Lawrence v. Parr,2014 BCSC 2004). The claimant challenged the admissibility of the report on … Continue reading

Negotiating a Settlement with ICBC

My experience as a Vancouver Personal Injury Lawyer allows me to share a few unique insights into ICBC negotiated settlements. Settlement with the Insurance Corporation of British Columbia when you don’t have a lawyer is inherently unequal.  ICBC is a … Continue reading

Offer to Settle from ICBC Must meet Rule Requirements

The injury claimant was found to be totally at fault for a car accident at the intersection of King George Boulevard  and 68th Avenue, in Surrey, B.C. His personal injury claim was therefore dismissed and today I review the decision of … Continue reading

Interest on Personal Injury Claim Loans Must be Foreseeable

This current law review relates to a motor vehicle accident injury case in which the claimant sought to recover the interest she was required to pay on advance settlement loans after being injured (Davidge v. Fairholm,2014 BCSC 1948). These loans were advanced … Continue reading

Drunk Gyrating Passenger Hits Steering Wheel Causing Crash

Driver and passenger were both drunk returning from an alcohol fueled weekend in the Okanagan. Four friends from the Lower Mainland were all drinking in the car when the injury claimant, the front seat passenger, began gyrating wildly to loud music … Continue reading

ICBC rejects $65,000 offer to Settle and Must pay $193,500 plus Experts Fees

In this motor vehicle accident injury case the claimant offered to settle for $65,000.00 more than two weeks before trial and that offer was rejected.  The insurance Corporation of British Columbia, ICBC, is the mandatory third party insurer for all BC … Continue reading

Cyclists Causing Personal Injury and Death Not Insured

If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, … Continue reading

$85,000 Personal Injury Settlement leads to Fight Over Expenses

ICBC has a statutory monopoly on third party automobile liability insurance coverage in BC and appears to be manipulating this monopoly in ominous new ways, testing our courts sense of justice.  The Insurance Corporation of British Columbia has been systematically … Continue reading

The Truth About Distracted Driving and ICBC’s Rate Increase 2014

ICBC gets a failing grade in my books when it comes to road safety expertise and providing accurate data about road safety. Their most recent attempt at obtaining a 5.2% rate increase is filled with misleading propaganda trying to convince … Continue reading

Important Practice Point: Examination for Discovery at the Lawyer’s Office

Personal injury lawyers in Vancouver are in often required to travel to remote areas of British Columbia to examine witnesses.  This Supreme Court case however may help change all that. In Schroeder v. Sweeney, 2014 BCSC 1843 the defendant was trying … Continue reading