Monthly Archives: December 2015

ICBC Denied Last Minute Medical Examination of Injury Victim

In this personal injury case the ICBC insured could not reasonably claim to be surprised by the subject matter of a functional capacity evaluation report and was denied further medical examination of the claimant (Falbo v. Ryan,2015 BCSC 2452). It is rare … Continue reading

Shopping for the Best ICBC Injury Lawyer

It been over 20 years since I began the practice of Personal Injury Law in Vancouver and hiring an injury lawyer has diversified in that time. The decline of the Yellow pages and raise in the search engine has spawned new hierarchies for reliable … Continue reading

ICBC Must Pay Benefits Despite Prior Neck and Back Pain

This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance  Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that … Continue reading

Insurance a Factor in an ICBC Offer to Settle

In this personal injury case ICBC was denied their costs despite the claimant failing to beat a  pre-trial offer to settle. ICBC made an offer of $93,500 to settle the lawsuit on behalf of the defendant 2 weeks before trial. … Continue reading

$65,000 Awarded For Slip and Fall in Burger King

The claimant slipped on a wet floor in the bathroom of the Nanaimo Burger King restaurant and injured his right shoulder and right knee.  Buinesses are supposed to have a system in place for maintaining safety but the Court found no … Continue reading

ICBC Internal Settlement Documents May have to be Disclosed

Although inconsistent with a recent case refusing disclosure of the ICBC settlement brief,  this case may open the way for claimants to obtain ICBC internal settlement documents for prior car accident claims( Easton v. Chen, 2015 BCSC 2288). However the current state of … Continue reading

$250,000 Loss of Earning Capacity Award in Rear End Accident Upheld

The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings. To require the trial judge to say more than he … Continue reading

Considerations Before Settling Your Personal Injury Claim With ICBC

Do not do the following when settling with ICBC: (1) Hold back your treatment expenses; (2) Agree to repay your employer’s insurance company after the settlement; (3) Put an inappropriate value on your case; and (4) provide unnecessary and irrelevant … Continue reading