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Cost of Medical Marijuana Awarded to ICBC Injured Claimant

Marijuana is now legal in Canada and its benefits in pain management are now being recognized. Medical doctors are prescribing it to their patients to treat chronic pain and in an attempt to avoid prescribing opioids. It is well publicized that opioid addiction and misuse is a serious public health problem in Canada. As it…

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ICBC Minor Injury Caps – What you Need to Know

The NDP government introduced legislation that caps (limits) compensation payable by ICBC for pain and suffering for “minor injuries” suffered in motor vehicle accidents occurring on and after April 1, 2019. An injury will be defined as a “minor injury” if: It is included in the list of prescribed injuries; and It does not result…

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Injured Claimant At Fault for Rear End Accident – Appeal Dismissed

In the usual course, a driver who rear-ends another vehicle will be found at fault for the accident. It is only in exceptional circumstances that the driver who was rear ended will be liable such as when he/she made a sudden, unexpected and unexplained stop. In Bains v. Chatakanonda 2018 BCSC 2412, the claimant was…

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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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Failure to Wear a Seatbelt Results in 25% Reduction

This personal injury taxi passenger was accused of failing to wear a seatbelt, resulting in his own injury. The collision occurred while the claimant was a passenger in a taxi at 12th Avenue near Larch Street in Vancouver. The claimant admitted he was not wearing a seatbelt at the time of the car accident, even…

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ICBC Rear End Injury Award in US Dollars

This whiplash claimant was awarded $110,000 for pain and suffering despite an ICBC assessment of $5,000. Insurance Corporation of British Columbia, ICBC, was the insurer of the guilty driver. The claimant was a passenger in a car that was rear ended. The defendants’ vehicle sustained no damage. There was minor damage to the claimant’s vehicle.…

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Car Accidents Trigger Asymptomatic Pre-existing Neck Issues

The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering),  compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…

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Top Personal Injury Law Changes of 2018

Pain free life is valued as part of the dream of the Good Life by most Canadians.  The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…

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Government Auto Monopoly ICBC to Control Access to Medical Care

The growth of auto insurance giant ICBC has come at greater cost than just higher car insurance premiums. It has meant losing patient rights and control over access to proper medical care. Innocent victims of personal injury can expect less medical coverage after April 1, 2019, especially if they have been paying for the benefit of…

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Car Accident Claim Capped 2018?

What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…

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