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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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Permanent Whiplash Injuries – $85,000.00 Awarded for Pain and Suffering

In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…

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Medical Malpractice Claim Dismissed Against Delivery Nurse and Hospital

As discussed in previous blog posts, medical malpractice claims are difficult to prove due to the complexity and the legal and evidentiary standards of proof required. To be successful in a medical malpractice claim, you must: prove that there was an error in judgment or practice on behalf of the medical practitioner or medical institution…

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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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Road Rage Victim Awarded Damages for Injuries

In Henderson v. McGregor 2019 BCSC 1964, the claimant sought damages for injuries resulting from an unprovoked assault and battery following a road rage incident. The road rage incident occurred on June 2, 2017 on Highway 99 near the entrance to the George Massey Tunnel. Before the incident, the plaintiff was driving from Delta to…

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Protection of Public Participation Act – SOGI Defamation Action Dismissed

The Protection of Public Participation Act (“PPPA”) came into force in British Columbia earlier this year. The PPPA is of utmost importance. It protects British Columbians from being sued for expressing their views on matters of public interest. This new law safeguards people from strategic lawsuits against public participation (known as SLAPPs) which aim to…

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ICBC Changes to Part 7 Benefits – Treatment Funding

PART 7 BENEFITS – INCREASED FUNDING As of April 1, 2019, significant changes have been made to the funding provided by ICBC for therapy under Part 7 benefits. These changes apply to all new and existing motor vehicle accident claims. PRESCRIBED TREATMENT PROVIDERS AND RATES ICBC under the Part 7 Benefits will provide funding for…

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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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