Monthly Archives: December 2017

ICBC Medical Examinations Rare after the Expert Deadline

It is rare that the court will order any further medical examinations after the 84 expert deadline.  It was the court’s view in Falbo v. Ryan, 2015 BCSC 2452 that a physical examination was not necessary in order to provide … Continue reading

Top Offers to Settle by Best Personal Injury Lawyers

    The Calderbank offer to settle has been enshrined in our Rules of Court since 2010 and since 1975 has been the best way to legally enforce cost consequences for reasonable offers to settle. Emerging and imminent injury lawyers alike … Continue reading

Christmas Day Motorcycle Ride Limits ICBC Injury Claim

This Christmas story involves four motor vehicle accidents all occurring within 2.5 years.  In a previous accident the claimant also sustained a serious brain injury. To make it more jolly, between the third and fourth accidents in issue, he was involved in … Continue reading

Formal and informal offers to settle in Personal Injury Claims

The claimant delivered a formal offer to settle pursuant to Rule 9-1 of the Supreme Court Civil Rules. This was a commercial matter in BC but is relevant to personal injury claims as the same rule is applies to offers to and from … Continue reading

Prima Facie Inference of Negligence Wins Appeal

This injury claimant was a passenger in a single vehicle accident. The car accident occurred on Stillwater Main Road, a gravel logging road which intersects Highway 101 near Powell River, British Columbia. As the claimant’s vehicle approached the intersection, the driver lost … Continue reading

Nurse Awarded $450,000 for Future Income Loss

This injury claimant was involved in 2 car accidents. In the first she was rear-ended by a cement truck. In the second accident she was in Victoria, on her way to the airport, when the taxi she was in was struck on … Continue reading

Negligent Driver Denies Claimant in Car at time of Accident

The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time … Continue reading

Settling with ICBC

Three  facts about settling an ICBC injury claim: 1. full and final release of all claims means there’s no turning back, 2. no further treatment paid by ICBC after settlement and 3.  two ICBC claims to settle are tort and accident … Continue reading

Cap on Minor Injury Claims is Stealing from the Injured

The Attorney-General David Eby idea of a cap on the amount paid out by ICBC on minor auto injuries will be taking money from innocent victims of personal injury.  This defeats the original purpose of creating an ICBC, punishing innocent victims … Continue reading

Shoulder Injury Caused by Car Accident Despite Delay

Following a car accident the resulting pain can be immediate but masked by other injuries for several days. The issue then becomes whether the car accident caused the injury given the symptoms may be reported several days or weeks after the car … Continue reading