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$131,250 for chronic TMJ injury.
On October 1, 2015, the BC Supreme Court assessed damages for a severe jaw injury sustained in a motor vehicle collision. In Williams v. Gallagher the plaintiff, who was 20 at the time, was involved in a 2010 vehicle collision caused by the defendant. The plaintiff suffered a variety of injuries the most serious of which was an injury to the temporomandibular (TM) joints in his jaw. This required surgical intervention which did not cure his pain and the plaintiff was expected to have chronic lingering problems. In assessing non-pecuniary...
read moreDrunken 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...
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...
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...
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...
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...
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...
read moreWorsening prognosis not enough to allow late DME.
On August 7, 2015, a master of the BC Supreme Court ruled that a plaintiff’s failure to recover from injuries is not enough for a defendant to secure a late defence medical exam. In Dzumhur v. Davoody, 2015 BCSC 1656, the plaintiff was injured in a a collision and sued for damages. In the course of the lawsuit the plaintiff served an expert report opining that the plaintiff ought to recover provided the injuries are responsive to recommended treatments. The defendant did not obtain a defence medical report and as the deadline approached for...
read moreSimple assertion of contemplated litigation doesn’t cut it.
On August 6, 2015, the BC Supreme Court effectively dismantled an ICBC claim for litigation privilege in Buettner v. Gatto. The plaintiff in that case was injured in a collision and advanced a claim for damages. The plaintiff retained counsel. Liability was initially admitted and then denied by ICBC. The plaintiff brought an application for production of various relevant documents and ICBC refused disclosure on the grounds that litigation was reasonably contemplated once the plaintiff retained counsel. The Court rejected this finding this...
read more$67,500 for chronic soft tissue injuries and depression.
In Dhanji v. Holland, 2015 BCSC 1351, the plaintiff pedestrian was struck in a marked cross walk by a vehicle driven by the defendant. The defendant admitted fault for the collision. The plaintiff suffered a variety of soft tissue injuries, some of which were chronic in nature and developed depression secondary to this. In assessing non-pecuniary damages at $67,500 (a figure which was arrived at following a 10% deduction in damages for the plaintiff’s failure to mitigate damages by refusing to attend recommended counselling) Mr. Justice...
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