12 August, 2015

Do I have to go to the medical appointment that the insurance company has requested that I attend?

In many cases, the defense requests that the injured party attend a physician retained on behalf of the defendant. In some cases, the defense requests that the injured party attend multiple physicians. In these cases, there is an argument that...

12 August, 2015

Assessing Future Economic Loss for a Young Person Injured In Motor Vehicle Collision

Injuries involving young people without a developed career path can be challenging. In Ishii v. Wong, 2015 BCSC 922, the Plaintiff sustained various injuries including fractures to his right and left wrists, and right leg which resulted in a permanent partial disability....

06 August, 2015

Can I Still Accept the Offer?

In personal injury cases, the Plaintiff’s lawyer and ICBC typically exchange multiple offers. These usually include “formal” and “informal” offers. The main difference is whether one can bring the offer to the court’s attention after trial, in order to seek...

24 July, 2015

Case Planning Conferences

In one of our firm’s recent cases (Stewart v. Robinson, 2014 BCSC 959), ICBC tried to set down an unnecessary Case Planning Conference over our objection. ICBC’s case plan proposal addressed dates for the exchange of further lists of documents...

20 July, 2015

Contributory Negligence When Riding in an Unsafe Vehicle

If you ride in a vehicle that you know is unsafe, you may be found contributory negligent for your injuries. In Wormald v. Chiarot, 2015 BCSC 272, a 15 year old Plaintiff was found to be 40% at fault for her...

16 July, 2015

Bus Passenger Contributorily Negligent

In Isaacs v. Coast Mountain Bus Company, 2014 BCSC 2212, the Plaintiff was an 82 year old woman who injured herself exiting the bus. The bus had come to a stop some distance away from the curb. The Plaintiff stated...

08 July, 2015

Road Rage Incident Caused Accident

In Davies v. Elston, 2014 BCSC 2435, a motorist was found at fault for a road rage incident. The Plaintiff, age 77, and his adult son were riding side by side in a bike lane. The Plaintiff’s son made a comment...

07 July, 2015

Occupier’s Liability

In Agar v. Webber, 2014 BCCA 297, the Defendant landowner had installed a ‘T’ shaped device to clean crabs on his dock. His neighbor, the Plaintiff, had been given permission to use the device but had not been given instruction...

06 July, 2015

Complicated Life Events and Stressors

The case of Wagner v. Newbery, 2015 BCSC 894, illustrates the court’s analysis when a Plaintiff alleging accident-related psychological injuries also encounters various life events before and after the accident. In this case, the court noted the following events and stressors in...

03 July, 2015

Competing Medical Experts Regarding Low Back Pain

In most cases, the Plaintiff and Defense experts have competing views of the case. How do the courts resolve this type of evidentiary issue? In Wagner v. Newbery, 2015 BCSC 894, there was an issue as to whether the accident caused the...