Monthly Archives: June 2015

Cost of Medical Experts and Legal Fees Awarded to Injury Claimant

This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant … Continue reading

Loss of Enjoyment of Life from Bodily Injury Worth Less than Wrongful Conviction

Money awarded for pain, suffering and loss of enjoyment of life for injury to the human body appears to be worth less than being unjustly jailed says the Supreme Court of Canada (Hinse v. Canada (Attorney General, 2015 SCC 35 ). … Continue reading

Bus Passenger Ejected from Seat Wins $90,000 for his Injury

When injured as a passenger on a public bus, public carriers and bus drivers have a heavy burden to establish that they used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. This principle … Continue reading

New Expert Evidence Test Impacts Personal Injury Cases

A new cost-benefit analysis for admission of expert reports introduced by the Supreme Court of Canada expands the gatekeeping role of judges in Canada (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). This development will change the landscape of expert … Continue reading

ICBC Dial-A-Claim Operator Notes Used Against Claimant With no Lawyer

This ICBC claimant was involved in a motor vehicle accident while driving a vehicle which was insured by  the Insurance Corporation of British Columbia, ICBC. The claimant reported the accident to ICBC without a lawyer and in so doing made a number of statements regarding the … Continue reading

Offer to Settle Results in 65% Double Costs Despite 50/50 Fault

In this offer to settle slip and fall case the court used its discretion and allowed a claimant that was found 50 % at fault to recover 65% of her costs. The claimant was also awarded double costs after the … Continue reading

ICBC Offer to Settle Refused Without Lawyer Resulting in Low Injury Award

This unrepresented ICBC injury claimant was awarded $1,500 for two car accident injuries but was required to pay $19,00.00 in legal costs to the other side ( 2015 BCSC 940) after refusing to accept an ICBC offer of $40,000. There were … Continue reading

Money Award for Loss of Renovation and Landscaping Capacity

This Court of Appeal personal injury case has only affirmed, and not changed, the law surrounding loss of capacity claims, including loss of renovation, landscaping , house-cleaning, and housekeeping Capacity ( Reynolds v. M. Sanghera & Sons Trucking Ltd.,2015 BCCA 232). We focus … Continue reading

Rules of the Road Only Guidelines for Car Accident Cases

Assessing fault after a car accident  involves applying the common law duties of care. This personal injury lawsuit concerned the determination of liability for injuries sustained in a motor vehicle accident at the intersection of Fraser Street and East 12th Avenue in … Continue reading