Monthly Archives: January 2015

Car Accident Victim Denied Cost of Marihuana to Treat Pain

After a car accident in British Columbia the cost of care awarded by the court can include  medical marihuana. However, in the following personal injury case there was not enough evidence to make the connection between the car accident injuries and … Continue reading

Double Costs for not accepting Offer Unfair to the Injured

This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30).  … Continue reading

ICBC Injury Claims include Cost of Functional Capacity and Cost of Care Reports

The Insurance Corporation of BC, ICBC,  seems to have adopted the practice of settling ICBC claims and then fighting the claimant’s necessary and reasonable litigation expenses after settlement. However, the following ICBC injury claim stands for the proposition that claimants … Continue reading

Injury Claimant Beat Offer to Settle But no Double Costs

In this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that … Continue reading

7 day notice of Offer to Settle in Personal Injury Case not Required

In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of … Continue reading

Auto Injury Claim Dismissed due to Lack of Care

The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the  other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA … Continue reading

Car Accident Settlement – Costs Same Proportion as Liability

Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, … Continue reading