ICBC 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 more

Motorcycle 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 more

Reducing 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 more

Conduct 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

$800,000 for serious whiplash injury.

On August 28, 2015, the BC Supreme Court awarded nearly $800,000 in damages to a a plaintiff who suffered a serious whiplash injury. In Kanters v Galasinao, 2015 BCSC 1532, the plaintiff Kanters suffered a whiplash injury to her neck following a 2007 motor vehicle accident. Despite having treatment with several chiropractors, massage therapists, physiotherapists, acupuncturists and seeing numerous specialists, the pain persisted. The plaintiff attended an active rehabilitation program and was enrolled in a pain clinic where she was administered nerve blocks. At the time of trial in 2014, the...

read more