Monthly Archives: October 2017

Left Turn Car Accident Decision Questionable with Yellow Light

In today’s case the claimant is found 50% at fault for making a left hand turn, on a late yellow, causing the car accident which is the subject of this personal injury case. The assessment of damages was bifurcated from … Continue reading

$200,000 Pain and Suffering Award for Chronic Pain, Anxiety and Depression

This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the … Continue reading

ICBC Claimant to Blame for Alcoholism not Impecuniosity

ICBC arguments on the failure to attend recommended treatment, mitigation,  are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme … Continue reading

Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant … Continue reading

Killed by Drunk Boyfriend but 20% at Fault for being Passenger

The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant.  The boyfriend had been smoking marijuana, consuming a great deal of alcohol … Continue reading

ICBC Expert Report Admitted Late

The Court of Appeal has rejected the argument that the late admission of ICBC’s experts reports created a prejudice to the claimant. The claimant was injured in a car accident and sought damages in excess of $3 million.  The trial judge … Continue reading

Thanksgiving Weekend Car Accident Results in $200,000 Award

For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s … Continue reading

$3 Million Award for Dirt Biker Injured by All-Terrain Vehicle

A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and … Continue reading