08 June, 2016

Low Velocity Collisions

Insurance companies typically argue that a Court ought to award no or minimal damages based on a “low velocity” defense.  They argue that if the collision involved a low velocity impact and caused minimal or no vehicle damage, then there...

06 June, 2016

Pain and Suffering in the Golden Years

In Bardua v. Han, 2016 BCSC 861, the Court reviewed the principles of assessing pain and suffering damages using the “golden years” doctrine. At the time of the collision, Ms. Bardua was 76-years old and was recovering from hip surgery. She was...

27 May, 2016

Medical Marijauna

Just because the courts make an award for medical marijuana in one case does not automatically mean that they will make such an award in another case.  Judges review each case on its own merit and look at whether there...

25 May, 2016

Facebook – Please Be Cautious

Did you know that ICBC can and will use your Facebook posts against you in court? If you claim to be injured and unable to engage in pre-accident activities but your posts show you are active and social, you will...

20 May, 2016

Accepting a Ride With an Intoxicated Driver

If you accept a ride with a driver you know is intoxicated, you can be held partially responsible for any injuries you suffer if the driver has an accident.  In Glanville v. Moberg, 2014 BCSC 1336 (heard at the same...

16 May, 2016

Changing the Venue of Your Trial

A Plaintiff usually sets the trial in the city where he or she resides.  However, on occasion trials are set in another venue.  If that other venue is not convenient to the Defendant, they might apply to the Court to...

09 May, 2016

Pedestrian Struck By Vehicle in a Crosswalk

When a pedestrian is struck in a crosswalk, what laws come into play?  Section 179 of the Motor Vehicle Act is the statute that governs the rights of way between pedestrians and motor vehicles. The relevant sections of that provision...

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