01 May, 2015

If You Are Injured in a Motor Vehicle Collision, ICBC May Put You Under Surveillance

An article released in the Vancouver Sun discusses ICBC’s use of surveillance: http://www.vancouversun.com/news/metro/Internet+reduces+ICBC+need+private+investigators/10995448/story.html According to the article, ICBC uses surveillance “to see if they are lying about injury claims”. ICBC has a team that looks at photographs and status updates posted on...

29 April, 2015

Credibility of the Plaintiff is Key in a Personal Injury Trial

In Gupta v. Doe, 2015 BCSC 608, the Plaintiff asked the trial judge to make significant awards for pain and suffering, past wage loss, and loss of future earning capacity following three motor vehicle collisions. However, in his reasons for judgment...

24 April, 2015

Future Household Cleaning Expenses

If you suffer injuries in a motor vehicle accident that affect your ability to clean your home, you may receive compensation for that. In the case of Thomasson v. Moeller, 2014 BCSC 2465, our client was a very active young woman...

22 April, 2015

Stoic Plaintiffs Should Not be Penalized

Many people who are injured in motor vehicle accidents return to work shortly after the accident and continue working even though they are in pain. ICBC may claim that since they are working they must not be injured but the...

20 April, 2015

Proving Self-Employment Income

In 2007, our firm took a personal injury case called Adamson v. Charity, 2007 BCSC 671, to trial. Our client, Mr. Adamson, was a highly talented finishing carpenter who worked on and co-managed his family’s rental investment properties. Since he...

15 April, 2015

Pre-Existing Conditions

If you have a pre-existing condition before your accident, how does that affect your personal injury case? While each case is fact specific, Gulati v. Chan, 2015 BCSC 431, is an example. In that case, the Plaintiff had arthritis before the...

13 April, 2015

Future Loss of Earning Capacity

If you have been injured in a car accident and as a result of your injuries you will experience wage loss in the future (post-trial), you are entitled to an award for future loss of earning capacity. Two commonly used...

13 April, 2015

Employment Records

During the course of a lawsuit, ICBC will often engage in a fishing expedition to obtain records that could potentially hurt your case, including records from an employer or treatment provider, without having first established that the records could be...

09 April, 2015

Accepting ICBC’s Formal Offer Constitutes a Binding Agreement

The majority of personal injury lawsuits settle. During settlement negotiations, ICBC will often deliver a formal offer to the settle to the Plaintiff. This formal offer is usually ICBC’s “bottom line” and often contains a clause that the Plaintiff is...