How to choose an injury or disability lawyer.

If you have been injured or are suffering from a disability, you may be wondering whether you need to speak to a lawyer about your needs and entitlement. A good rule of thumb is to trust your instincts. If you think you need to speak to a lawyer, you probably do. The next question is how to choose the right lawyer. Choosing the right lawyer for a specific type of injury or disability claim is an important decision. The lawyer who assisted you with your house purchase is likely not the best lawyer to take on your injury or disability claim. An injury or disability claim requires specific...

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$120,000 for chronic pain, PTSD and depression.

In Luis v. Marchiori, 2015 BCSC 1, the plaintiff was involved in two collisions, the first in 2008 and the second in 2011. ICBC admitted fault for both defendants. The plaintiff sustained chronic injuries and in valuing non-pecuniary damages at $120,000 Madam Justice Gray provided the following reasons: [178] I would summarize the significant factors as follows: a) Ms. Luis is 49 years old; b) In the accidents, Ms. Luis suffered predominantly soft-tissue injuries which have led to painful shoulder surgery, chronic disabling pain in her neck and right shoulder and lower back, moderate to...

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Parties to a contract must be honest with each other.

In Bhasin v. Hrynew, 2014 SCC 71, the Supreme Court clearly stated that there is a duty to be honest in the performance of a contract. Mr. Bhasin, started an action after his relationship with Canadian American Financial Corp. (“Can-Am”) soured. Ultimately, Can-Am refused to renew the dealership agreement it had with Mr. Bhasin. Mr. Bhasin had acted as an enrollment director for Can-Am, which was in the business of marking education savings plans to investors (“ESPs”). Like all other enrollment directors associated with Can-Am, Mr. Bhasin acted like a small...

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Orthopaedic exams have little value in chronic pain cases.

One of the more frustrating aspects of practicing in disability benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries to orthopedic surgeons for “independent” medical examinations to determine their eligibility for certain benefits or the reasonableness of treatment plans. They are requested to perform these assessments even though they are typically outside their area of expertise. More often than not, the assessment finds “no objective evidence on ongoing impairment”, following which, the insurer denies all benefits....

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Motor vehicle lessor liability cap confirmed.

On November 6, 2014, the BC Court of Appeal released an important judgment concerning the liability limit of motor vehicle lessors for accidents involving their lessees or drivers operating leased vehicles with the lessee’s permission. Background In British Columbia, the Motor Vehicle Act makes owners, lessees, and lessors of vehicles vicariously liable for accidents committed by drivers of leased vehicles. While a permitted driver or a lessee is liable for the full extant for any damages flowing from the accident, the Motor Vehicle Act limits the liability of lessors. The limit of...

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