Drunken push leads to over $1/2 million award.
In a stark example of the profound consequences that can come from a modest confrontation, on September 30, 2015 the BC Supreme Court ordered damages of $553,000 to be paid, after an intoxicated groom to be pushed a man that was teasing him. In Robinson v. Bud’s Bar Inc., 2015 BCSC 1767, the defendant, a groom to be who was “exotically dressed and wearing a ball and chain” following a bachelor party, was approached by the plaintiff and teased about his upcoming marriage. Both parties were intoxicated. The defendant responded by pushing the plaintiff who fell down, struck his head on the...
read moreSelf-represented litigant to pay double costs to insurer.
On September 28, 2015, the BC Supreme Court was required to consider what type of costs award should be granted against a self-represented individual who was unsuccessful at trial. In Wright v. Sun Life Assurance Co. of Canada, 2015 BCSC 1899, the insurer made an offer to settle the case prior to trial. The plaintiff did not accept. Ultimately, the claim was dismissed and the plaintiff received no award. The Court held that the insurer’s offer to settle ought reasonably to have been accepted, as the plaintiff’s view of his entitlement and likelihood of recovery was unrealistic. The Court...
read moreDelay 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 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“Low Velocity Impact” evidence found unhelpful.
On August 12, 2015, the BC Supreme Court considered ICBC’s favourite defence, the “low velocity impact”. In Pitcher v. Brown, 2015 BCSC 1415, the plaintiff was involved in a 2004 collision and sued for damages. The impact was a modest one. The Court rejected much of the plaintiff’s claim following credibility/reliability concerns in her testimony. The Court was equally dismissive of the defence strategy of calling engineering evidence to discuss the modest forces of the collision. The Court concluded, as have many previous judgments, that demonstrating forces are modest...
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