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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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In April of this year the BC Supreme Court ordered that a Plaintiff involved in a Brain Injury Claim from a BC Car Crash “produce for inspection by an independent expert a duplicate copy of his computer hard-drive and that the expert prepare a report identifying the number, nature, and time for a...
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, deciding whether a case that was filed before Rule 68 applied could later be brought into the scope of the Rule.
In today’s case (Sahota v. ...
In today’s case (Sahota v. ...
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, (Gradek v. DhaimlerChrystler) awarding a Plaintiff just under $10,000 in total damages as a result of a 2006 BC Car Crash...
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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 [...]








