Monthly Archives: November 2016

Dismissal of Jury in Personal Injury Case Part of the Final Order

  This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half … Continue reading

ICBC Dial a Claim Phone Number Used to Record Statements

After a car accident a phone call to the ICBC dial a claim number at 604-520-8222 or 1-800-910-4222 will result in an internal ICBC report being created called a CL-75. As displayed in the following case, these reports to ICBC can … Continue reading

$7.5 Million Award Subject to Court Order Interest

In this wrongful conviction case the  Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions … Continue reading

Responding to Your Own Medical Expert- The New World of Responsive Reports

Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors.  The Rules created a class of  “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for … Continue reading

The ICBC Settlemet Offer that Got Away

In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a … Continue reading

Functional Capacity Recommendations Awarded if Linked to Doctor Assessment

This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes … Continue reading

Adding Witnesses to Your Trial Brief

There  has been much confusion in the legal community over the issue of witnesses and witness lists in civil cases. The issue is whether plaintiffs can call witnesses who are not in the plaintiffs’ trial brief has now been answered by Supreme … Continue reading

The Proper Wording for an Offer to Settle

For  ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a … Continue reading