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General Damages

Medical-legal Report Not required But Claimant Only Awarded $100.00

In a surprise winning decision this personal injury claimant succeeds in his appeal against the dismissal of his injury claim.  Failing to file a medical-legal report is not a grounds for dismissal and the claimant was not provided with adequate notice. However, given the scant evidence he was only awarded $100.00. for his personal injury…

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Compensation for Mental Injury Now Enshrined in Canadian Law

The Supreme Court of Canada has coined the phrase “mental injury” in a sweeping decision abolishing misguided prejudices over “psychological”, “emotional” or “psychiatric” injury claims in the law of tort. The requirement that an injury claimant suffer a medically recognized psychiatric or psychological illness or condition, as a bar to recover, has been eliminated. The ICBC injury claimant’s award of $100,000…

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Claim for Loss of Use and Depreciation After a Car Accident

Losing the use of your dream car after a car accident can result in a claim for pain, suffering and loss of enjoyment of life. Also, there could be an ICBC claim for accelerated depreciation of your vehicle, over and above the personal injury claim. As we explain, these claims can be made as part of a personal…

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