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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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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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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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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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ICBC Loses at Trial and Pays Double Costs for Failing to Accept Reasonable Offer

David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…

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Expert Rules Struck- ICBC Secret Financial Blunder Revealed

The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…

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ICBC Surveillance of Injury Claimants

Surveillance is one of the main tools ICBC uses to investigate ICBC injury claims. While some level of investigation is important to verify ICBC injury claims, in reality ICBC often uses surveillance to uncover evidence to discredit injured claimants and attack their claims. To this end, ICBC routinely hires private investigators to follow and videotape…

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