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Jacqueline Small

Driver Found At Fault for Colliding with Cyclist in a Bike Lane

Dedicated bike lanes are now a commonplace in Vancouver. In fact, it has been 10 years since the first dedicated bike lane on Burrard Street Bridge was opened to much controversy after 2 prior unsuccessful attempts. With cycling becoming a more popular form of transportation, there is more potential for accidents to occur with vehicles.…

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Injured Claimant Suffering from Imbalance, Tinnitus and Other Injuries Awarded $170,000.00 for Pain and Suffering

As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…

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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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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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Is ICBC Required to Compensate Injured Claimants for Used Sick Bank?

One type of claim available to a claimant injured in a motor vehicle accident is for past wage loss. Past wage loss refers to lost wages/earnings from the date of the motor vehicle accident until settlement or trial. To have a successful claim for past wage loss, an injured claimant must provide sufficient evidence. First,…

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Loss of Future Earning Capacity Awarded Despite Increased Income Post Motor Vehicle Accident

In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…

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Protection of Public Participation Act (“PPPA”) – Another Defamation Action Dismissed

Lawsuits brought for an improper purpose to silence expression and financially punish critics are known strategic lawsuits against public participation (also referred to as SLAPP). The Protection of Public Participation Act (“PPPA”) came into force in British Columbia earlier this year. The PPPA is our province’s anti-SLAPP legislation. Its purpose is to enhance public participation…

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ICBC Hired Gun – Dr. Marc Boyle Criticized Again by the Courts

If you are injured in a motor vehicle accident, you must provide proof of the injuries you allege to have suffered through medical legal reports prepared by expert medical doctors. Both the injured claimant and ICBC have the opportunity to choose their own experts. Medical experts can either be treating doctors or independent doctors. Treating…

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