Monthly Archives: April 2018

Second Medical Examination Refused but Appeal Granted

The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was … Continue reading

Chronic Psychiatric to be coined “Minor Injury” deserving $5,500 in NDP Injury Cap Scheme

The new NDP injury cap legislation degrades chronic psychiatric conditions to “minor injuries” and leaves claimants without a legal advocate. This change tramples on individual rights and its only aim is saving ICBC from elimination. The vulnerable, the innocent that develop … Continue reading

City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the … Continue reading

$200,000 Award for Carbon Monoxide Brain Injury

 This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC … Continue reading

Slip and Fall in Superstore Results in Brain Injury

This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury.  The claimant sought  damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took … Continue reading

Brain Injury Led to Dementia after Car Accident

This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck  was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but … Continue reading

MSP and PharmaNet History Printouts Not Required for ICBC Claim

It is not enough for ICBC  to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior … Continue reading

Breach of a Settlement Agreement Attracts $50,000 Punitive Award

The court has made it clear, where there is a blatant breach of a settlement agreement, a punitive damages award is appropriate in addition to the other awards. In this case the court was satisfied that an award of punitive damages … Continue reading