BC Personal Injury Lawyers and ICBC Claims Lawyers
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Victoria, BC, V8W 1T7
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Toll Free (BC only 1800-663-6299) or 250-381-5353 Ask to Speak With Erik Magraken
Mon - Fri:
8:30 am - 5:00 pm
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BC Personal Injury Lawyers and ICBC Claims Lawyers

 
JD Supra Docs
MacIsaac & Company
3rd Floor
1117 Wharf Street
Victoria, British Columbia V8W1T7
Canada
250-381-5353
250-380-7272
Email: currently unlisted
Website: currently unlisted
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Do you have questions about an ICBC Injury Claim?

1 post by 1 person. Updated on March 4, 2009 at 8:07pm
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Further to my previous posts on this topic reasons for judgement were released today by the BC Supreme Court, Vancouver Registry discussing the mandatory nature of Rule 68,
Although previous cases have addressed this point, today’s case is important because it is the first such case that I am a...
Continue Reading...|3:07pm Nov 5
Precedents with respect to costs consequences under Rule 37B are still developing as this rule is slowly being molded into place...
Continue Reading...|9:43pm Nov 4
If you are involved in 2 separate car accidents and start 2 separate Injury Claims in the BC Supreme Court is it possible to have the trials heard at the same time...
Continue Reading...|9:47pm Nov 3
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Yesterday
When you sue for damages in the BC Supreme Court in an ICBC Injury Claim you are subject to certain rules of compelled disclosure.  These rules require you to give verbal, documentary and even physical discovery (independent medical exams). When ICBC gets access to this private information in the lawsuit process it is subject to an [...]
October 28
Reasons for judgement were released today addressing the permissible scope of Cross Examination of an expert witness in a BC Injury Claim. In today’s case (MacEachern v. Rennie) the Defendants called a physician to give expert opinion evidence.  This physician happened to be a treating doctor of the Plaintiff’s prior to her injuries.  While testifying the [...]
October 27
Reasons for judgement were released today showing how an effective cross examination of a Defendant can make all the difference in the prosecution of an ICBC Injury Claim. In today’s case (Mclaren v. Rice) the Plaintiff was involved in a single vehicle accident in February, 2005.  The Plaintiff was a passenger.  The Defendant lost control of [...]
October 26
The volume of ICBC and other personal injury cases released by our Superior Courts over the past 2 days has been higher than usual so I present today’s BC Injury Law Update in a ‘round up‘ fashion. The first case of note was from the BC Court of Appeal and dealt with limitations under the Local [...]
October 22
When you are involved in a suit for damages in an ICBC injury claim can you access the opposing parties driving history?  Reasons for judgement were recently brought to my attention making just such an order. In the recent case (Rothenbusch v. Van Boeyen) the Plaintiff claimed damages against the Defendant.  Liability (fault for the car [...]
Reasons for judgment were released today involving a tragic BC Pedestrian/Truck Crash addressing an injured Plaintiff’s entitlement to “no-fault” accident benefits. In today’s case (Schuk v. York Fire & Casualty Insurance Company) the Plaintiff was outside of the vehicle (which was hauling a trailer) she was riding in for the purpose of putting chains on it.  While doing [...]
Further to my previous posts on Litigation Privilege in British Columbia, reasons for judgement were released today adding further clarity to this area of the law. In today’s case (Shooting Star Amusements Ltd. v. Prince George Agricultural and Historical Association) the Plaintiff brought an application for the production of certain documents which the Defendant refused to [...]
Driving while using a cell phone increases the chances of an accident.  In fact, a recent study has shown that distracted drivers can be more likely than impaired drivers to cause an accident. With statistics like these in mind the BC Government has introduced amendments to the Motor Vehicle Act which come into force in January, [...]
October 21
ICBC Injury Claims can be record intensive.  Every time you see your doctor, chiropractor, massage therapist, or other medical specialist they keep clinical records.  These records often take down your subjective complaints, the physician’s objective observations, the physician’s assessment of the problem and the plan or treatment prescribed.   These records, if addressing accident related [...]
October 20
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, awarding a Defendant double costs following a Jury dismissing a Plaintiff’s ICBC Injury Claim. This is one of the first cases that I am aware of under Rule 37B where a defendant was awarded double costs. In today’s case (Luzuka v. Chuang) the [...]