22 December, 2020

Young Skateboarder Responsible for Accident

In the case of Chen v. Beltran, 2010 BCSC 302, the Plaintiff claimed damages for injuries sustained in an accident. The accident occurred when the Plaintiff proceeded into an intersection on a skateboard and against a red light. The sole issue...

22 December, 2020

Positive and Negative Contingencies Can Affect Loss of Future Earning Capacity

The Plaintiff in Niescierowicz v. Brookes, 2020 BCSC 1590, was an immigrant to Canada. She planned to open a daycare in her home once she became proficient in English. The judge agreed that the Plaintiff would have eventually opened her own...

21 December, 2020

Car Accident Injuries Prevent Plaintiff From Opening Daycare

In the case of Niescierowicz v. Brookes, 2020 BCSC 1590, the Plaintiff was a Polish immigrant. Prior to the car accident, she was healthy and happy. She was looking forward to opening a daycare once she became proficient in English. Due to...

21 December, 2020

New Fines for Motorists Caught “Dooring” Cyclists

Under the B.C. Motor Vehicle Act, anyone—including drivers and passengers—opening a vehicle door on the traffic side of a vehicle is legally required to check if it’s safe to do so. “Dooring” refers to when the occupant of a vehicle opens...

16 December, 2020

ICBC Denies Defendant is Responsible for Car Accident but Judge Disagrees

Although liability seemed obvious in the case of Wells v. Kolbe, 2020 BCSC 1530, ICBC refused to admit that the Defendant was responsible for the accident and so the issue had to be decided at trial. It is not unusual...

09 December, 2020

ICBC Tries Unsuccessfully to Argue Adverse Inference

At the trial of Jantzi v. Moore, 2020 BCSC 1489, the Plaintiff did not call evidence from any of the three family physicians who treated her before and after the accident, the clinical counsellor she was referred to or the...

07 December, 2020

ICBC Tries to Penalize Injured Motorist for Reduced Activity During COVID

In Leung v. Mok, 2020 BCSC 1456, the Plaintiff was involved in two motor vehicle accidents. The COVID-19 pandemic interrupted the Plaintiff’s recovery. He testified that before the pandemic, he was getting better and had recovered about 80-85%. However, since physiotherapy...

02 December, 2020

Fall Into Water at Marina is Plaintiff’s Own Fault

In the case of Esau v. Tansley, 2020 BCSC 1426, the Plaintiff was visiting a marina on a nice, sunny summer day. She and her husband stopped on the central dock to look at the menu sign for Dicks Fish...

16 November, 2020

Plaintiff Stabbed by Co-worker in Workplace Fight Awarded Damages

In the case of Johal v. Mangat, 2020 BCSC 1148, the Plaintiff and Defendant both worked as longshoremen. During a shift change, the two men argued and then fought. During the fight the Defendant stabbed the Plaintiff with a knife. The...

09 November, 2020

ICBC Argues WCB Benefits Should be Deductible from UMP Award

The matter of S.A. (Re), 2020 BCSC 1323, was a judicial review of an arbitrator’s decision. S.A. was injured in a car accident. He claimed against ICBC, seeking an award under his Underinsured Motorist Protection (“UMP”) coverage. The arbitrator’s decision was restricted...