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Traumatic Brain Injury

Inadequate Ladder and Supervision

Written by Ms. Jacqueline A. Small, B.A. LL.B. – A property owner owes a duty of care to workers carrying out construction work on the business or home. Home and business owners could be responsible for injuries suffered by workers not protected from risks and hazards. This includes falling injuries and slip and fall. Occupier’s Liability…

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No Jury for Complex Brain Injury Case

The Supreme Court ruled this accident injury claim too difficult for a jury. The ruling of Master Dick found the injury case required prolonged examination of documents and scientific investigation.  The Master allowed the application to be heard after the filing of a second Jury Notice, which appears to have extended the time for applying to strike the…

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$1.2 Million Injury Award for Concussion, Tinnitus and Depression

This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C.  The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction.  The next morning he called ICBC and…

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Train Owner Faulted for $2.4 Million Railway Crossing Injury

The injury claimant suffered a spinal cord injury and a traumatic brain injury  when a train owned by the Canadian National Railway, CNR,  struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…

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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 place at the  Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…

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Brain Injury Case Appeal Dismissed as Fact Driven

A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…

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Brain Injury Award Reduced due to prior Cocaine Addiction

In a stunning personal injury decision the Supreme Court has reduced a damage award for a brain injured 27 year old claimant. The court has taken judicial notice that cocaine is highly addictive, with heavy users facing a significant long-term and possibly life-long risk of relapse.(Kirilenko v. Bowie,2017 BCSC 2048) There was no real issue that…

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Offer to Settle Injury Case $100,000 higher than Award and Costs Against Claimant

This personal injury case the claimant was awarded a  total of $404,282.20. However the defendants made a formal offer to settle before trial for  $474,456.00 new money, plus advances of $15,669.40 for a total of $490,125.45, making it $101,475.74 higher than recovered.(Layes v. Stevens,2017 BCSC 2011) The claimant was injured in the motor vehicle accident. It came…

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$200,000 Pain and Suffering Award for Chronic Pain, Anxiety and Depression

This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the highway and came to rest in a ditch.  There were no other vehicles involved in…

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Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…

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