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Personal Injury News

2020

ICBC Fails to Unfairly Force a Limit on the Value of an Injury Claim

There are various levels of court in British Columbia including the Provincial Small Claims Court, the Supreme Court and the Court of Appeal. For motor vehicle accidents which occurred before April 1, 2019, ICBC claims are heard in either the Provincial Small Claims Court or the Supreme Court. The value of the ICBC claim will…

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Future Loss of Earning Capacity Awarded Despite Injured Claimant Continuing to Work

If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…

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ICBC Settlements for 2020

The massive ICBC withdrawal of offers to settle one year ago has sparked financial blunder and moral outrage for innocent injury victims. Supreme Court Judge’s are having to punish ICBC for failing to accept reasonable settlement offers. In 2019 guilty drivers insured by ICBC lost a possible record number of court cases, with claimants winning…

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Proving Mental Injury (Psychological Injury) In ICBC Personal Injury Claims – Expert Evidence Not Required

The Supreme Court of Canada in Saadati v. Moorhead 2017 SCC 28 has set a precedent which helps injured claimants access justice more easily against ICBC and other insurance companies for mental injuries such as depression, anxiety, post-traumatic stress disorder and somatic symptom disorder. In this case, the injured claimant was injured in a motor…

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Protection of Public Participation Act FAILS to Dismiss Defamation Claim

The Protection of Public Participation Act (“PPPA”) came into force in early 2019 in British Columbia which serves to enhance public participation in speaking out on important public issues. The Act protects the public from being sued in defamation for expressing their views on matters of public interest. These defamation lawsuits are known as strategic…

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