Delay not always a bar to a disability claim.
On September 21, 2015, the Ontario Court of Appeal upheld a lower court’s decision to grant relief from forfeiture in Dube v. RBC Life Insurance Company, 2015 ONCA 641. Gregory Dube worked for a Community Housing Corporation in Windsor, Ontario. As a full-time employee, Dube was insured by RBC Life Insurance Co. against the risk of suffering a long-term disability. The RBC policy required claimants to submit proof of their claim to RBC within 90 days from the start of their disability, but granted an extra year to submit proof of the claim if they could not do so within 90 days. On May...
read moreICBC punished for fraud allegation.
On September 18, 2015, a judge of the BC Supreme Court found that that unproven allegations of fraud can be used as a factor to minimize a successful party’s costs entitlement after beating a formal offer. In Gupta v. Doe the plaintiff was involved in three separate collisions and sued for damages. At trial the plaintiff was awarded just over $43,000. Priro to trial ICBC made several formal offers, the first at $90,000 and the last at $164,000. Having beaten their formal offer by a considerable margin ICBC asked for post offer costs. The Court agreed that ICBC was entitled to post offer...
read moreMotorcycle accidents and ICBC.
Unlike automobile accidents, motorcycle accident victims often have severe injuries to arms and legs, including loss of a limb. We recognize that motorcyclists are often deemed by witnesses to be driving at a higher speed than accurate. Further, we are aware that the general public often assumes the motorcyclist is at-fault. What Factors Does ICBC Consider in Determining Fault and Damages? ICBC will examine all the available information before the accident and look for any evidence of negligence to determine who is “at-fault” and in awarding damages. ICBC may attempt to reduce your...
read moreReducing the risk of bicycle accidents.
Many BC residents are health conscious citizens that embrace cycling. BC continually ranks as the healthiest province in Canada, according to reports by the Conference Board of Canada. Cycling is fun recreation with considerable health benefits and, for some, it is a means of daily commuting. BC has a network of over 300 lane kilometres of bike infrastructure in Vancouver alone. Outside of Vancouver, there are many bike paths as well and some cyclists try out exceptional mountain bike trails through Revelstoke, Whistler, Squamish and Vancouver Island. Unfortunately, cycling comes with...
read moreConduct money rates set Sept. 14, 2015.
The BC Supreme Court has determined the rates a defendant should pay when a plaintiff is compelled to travel to see a defense selected physician. In Nieman v. Joyal, 2015 BCSC 1980, the defendant wished to have the plaintiff examined by an occupational therapist int he course of an injury lawsuit but could not agree on various terms including appropriate conduct money. In finding 50 cents / km is reasonable Master McDiarmid provided the following reasons: [28] A careful reading of Rule 7‑6 reveals that it refers to an order that the person submit to examination by a medical...
read more
