Monthly Archives: September 2017

Ski Ticket Waiver Results in Dismissal of Personal Injury Case

This injury claimant sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort. The claimant said that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge … Continue reading

Injury Claimant not Required to have X-ray

The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada … Continue reading

Claimant Beats Best Offer to Settle but no Double Costs

An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the … Continue reading

Open Courts Process the Very Soul of Justice in Personal Injury Cases

This was an application of a personal injury claimant to have the judge’s reasons withdrawn from the Court’s website (2017 BCCA 321). In  the personal injury case it was alleged the claimant suffered a brain injury that left him with a lack of … Continue reading

Hurt BC Lawyers Helping with ICBC since 1999

At hurtbc.com, get free legal consultation for ICBC personal injury claims. Hurt in BC?Lawyers at Holness Law Group have been helping ICBC claimants since 1999 with no up front fees. One of the most established personal injury law firms in … Continue reading

ICBC Hired Gun Rejected By the Court in Personal Injury Case

Medical Experts in personal injury cases are supposed to be impartial, independent and absent of bias. Dr. O.M. Sovio was qualified as an expert in orthopedic surgery in this personal injury case but his opinion was rejected by the Court. … Continue reading

Claiming Loss of Future Income in Personal Injury Cases

In this personal injury case study the issue of greatest disagreement was the appropriate award for future loss of earnings or loss of income-earning capacity. The ICBC claimant, 42 years old at trial, was involved in a motor vehicle accident … Continue reading

Investigation Reports of Insurance Company Remain Confidential

This personal injury claim arises from injuries suffered while the claimant was a guest at the defendants’ home. The claimant brought this application for an order that the defendants disclose an independent adjuster’s report and audio statements over which litigation privilege was claimed.(Drewniak … Continue reading

Reduction in Pain and Suffering Award for Failure to Mitigate

This injury claimant’s failure to follow medical advice resulted in a 10% reduction in the award for pain and suffering. The claimant was stopped at a red light at East 49th Avenue and Knight Street in Vancouver when his vehicle was rear-ended.  The court … Continue reading

Lower Burden of Proof for Future Events in Personal Injury Cases

This case provides an important restatement of the law of evidence regarding the burden of proof in personal injury cases: [110]   The burden of proof of actual past events is a balance of probabilities. An assessment of loss of … Continue reading