Monthly Archives: February 2016

ICBC Attempt to Pay Late Jury Fees Fails

ICBC applied unsuccessfully in this multiple car accident injury case (Gill v. Mijatovic,2016 BCSC 239) to extend the time for the filing of a Notice Requiring Trial by Jury. The Jury Notice was filed beyond the 21 day notice period provided … Continue reading

Offer to Settle ICBC Injury Case Beat and Double Costs Awarded

ICBC is now forced to pay double costs on behalf of their insured after failing to accept several reasonable offers to settle this personal injury claim. ICBC’s unreasonable conduct forced this claimant to pursue this car accident litigation for over 10 … Continue reading

Exaggerating the Impact- Personal Injury Case Raised from the Dead

  In a dramatic turn-around the Court of Appeal has allowed the appeal and set aside the order below dismissing this personal injury case . The car accident was at a very low speed and resulted in only approximately $100 in damage … Continue reading

Left Hand Turning Vehicle 60% at Fault says Court of Appeal

This car accident occurred while the claimant was making a left turn from Lougheed Highway onto Kanaka Way  in Maple Ridge, BC. This was an appeal from an order made apportioning 60% of the fault for the accident to the claimant, … Continue reading

Investigating the Public through Car Insurance

Last year was record breaking for car sales in BC being the best performing province with an increase of 7% in car sales. Over 85% of Canadian households own at least one vehicle. Now the government of British Columbia appears to be endorsing … Continue reading

ICBC Decreasing Injury Rates Should Lead to Cheaper Insurance

Canada currently has less car accident injuries per year than any other time in recorded history yet ICBC has increased auto insurance rates. The number of fatalities, serious injuries, and total injuries is at its lowest since data was first … Continue reading

Accessing Girlfriend’s ICBC Database Results in Suspension

The complainant before the Insurance Council of BC had been the girlfriend of the petitioner, who was employed as a general insurance salesperson. After a row in which the police where called the petitioner used his insurance licence to access the complainant’s … Continue reading

$600,000 Injury Award Upheld- No Adverse Inference or Failure to Mitigate

Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal.  In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed … Continue reading

$15,000 for Mental Distress and Total Disability Defined

This 36 year old injury claimant sought  an order requiring Empire Life Insurance Company  to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of … Continue reading