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Personal Injury News

January 2018

Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…

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ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees

In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He…

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Joan Gadsby Ordered to Post $15,000 as Security for Costs

  Ms. Joan Gadsby, sole shareholder of Seaview Villa Estates Ltd., provided a covenant in respect of a mortgage. Joan Gadsby defaulted under the mortgage and foreclosure proceedings were commenced against Ms. Joan Gadsby and her company.   She never honoured the required payments and an order nisi of approximately $1,000,000 was granted and the property sold. (Gadsby…

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$730,000 Rear End Injury Settlement Awarded Costs Above BCMA Guidelines

The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…

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First Injury Case of 2018 Applies Possibility Test to Past Losses

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical events on a balance of probabilities when claiming loss of past opportunity to earn.(De Groot…

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ICBC Denied Late Medical Exam Before Deadline

This was application to have the claimant attend a defence medical examination with a rheumatologist, Dr. Wade in relation to a car accident injury claim.  There have been a number of expert reports tendered by the claimant, and two defence medical examinations done by agreement by Dr. Sovio, an orthopedic surgeon, and Dr. Dahi, a psychiatrist. The claimant provided most…

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ICBC Settlement Averages for Rear Ender Accidents

The Rear Ender: Mechanics of  Whiplash Associated Disorder The neck acts as a stationary marker during an average rear end impact collision. When hit from behind by a car the spine and torso load the seat and the torso begins to accelerate. Significantly high shear forces develop in the neck and brain, the spinal curves straighten and the…

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