Monthly Archives: February 2017

Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did … Continue reading

ICBC Massage Therapy Payments – A Primer for the Injured

Learn the basics about massage therapy coverage after a car accident in today’s article. Designed for ICBC claimants and massage therapists we discuss therapy payments for car accident related injuries in British Columbia. Massage Therapy- ICBC Benefits ICBC is only required … Continue reading

Settlement Offer to ICBC Beaten and Double Costs Awarded

In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for … Continue reading

Rear-end Collision Draws Inference of Negligence against Rear ending Driver

Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary.  The following personal injury case tried unsuccessfully to … Continue reading

Pain and Suffering Award of $95,000 for Moderate Pain Disorder

This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that … Continue reading

Hit and Run Claim Wins With no Sign Posted

After being injured in a hit and run car accident a claimant has an obligation to make best efforts to find the other driver in order to pursue a personal injury claim with ICBC. In this case ICBC suggested that … Continue reading

CPP not Considered a Policy of Insurance by Supreme Court of Canada

  Canada Pension Plan  (“CPP ”) disability benefits are not considered part of a “policy of insurance” says the Supreme Court of Canada ( click here for Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7) as CPP is a mandatory government … Continue reading

Fatally Flawed Medical Malpractice Award Overturned on Appeal

  The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached … Continue reading