Monthly Archives: 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 … Continue reading

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 … Continue reading

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 … Continue reading

$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. … Continue reading

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 … Continue reading

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 … Continue reading

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 … Continue reading