Monthly Archives: January 2016

$100,000 Pain and Suffering Award for Neck Pain and Headaches

The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant;  nature of the injury;severity … Continue reading

Judge Cannot Change Masters Costs Award in Personal Injury Case

A Supreme Court Master refused to force this injury claimant to submit to an ICBC medical examination on two separate occasions and the Master awarded her costs.  The judge made a substantial award of damages in this car accident injury case and … Continue reading

Family Doctor Able to Give Opinion about Nursing Standards

In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered … Continue reading

Slipping Chair Causes Injury but Claim Dismissed

Business owners don’t have to provide safe chairs under the Occupier Liability Act(OLA) because chairs are not covered by this piece of legislation. The bank in this injury case provided the claimant with a chair to sit on to conduct his banking … Continue reading

Requiring Injury Claimant to Sign Authorizations not Best Option

In this personal injury case ICBC made an application to force the claimant to sign authorizations for the production of certain medical records (Gee v. Basra,2015 BCSC 2495) . The order sought was: That within seven days of the date of … Continue reading

ICBC Accident Benefits Inadequate for Many Claimants

Voluntary payments made by ICBC to victims of personal injury is a signal that the current system is inadequate. Without ICBC advanced payments made on the basis of third party liability coverage many claimants would not be able to survive … Continue reading

The Open Court Process for Personal Injury Cases

  It is not surprising that in a free and democratic society we should have a public right to an open court process. Having truly a open court ensures that common values are being applied within all our British Columbia judicial … Continue reading

Most Important Personal Injury Cases of 2015

Developments in personal injury law for 2015 are exciting and range from the new and approved claim of moral injury to new limits on sanctions that can be leveled against injury claimants. ICBC claimants that fail to accept a reasonable offer no longer have … Continue reading