Blog Posts

Below are our blog posts about recent developments in the areas of Estate, Family and Personal Injury law as well as comments on some recent important decisions from the BC Supreme Court, BC Court of Appeal and the Supreme Court of Canada.

Top Court Clarifies Standard of Proof for Past and Future Loss of Income
May 18, 2017

When assessing loss of past income and loss of future income in personal injury cases, the courts are called upon to determine the likelihood of hypothetical events. In Grewal v. Naumann, 2017 BCCA 158, the Court of Appeal clarified the law in BC with respect to the standard of proof for hypothetical events, past or […]

And the Oscar Goes To…….Not this Plaintiff!
April 27, 2017

In Dahl v. South Coast British Columbia Transportation Authority, 2017 BCSC 629 a women filed a claim against Translink and Coast Mountain Bus Company for injuries she claims she received during a minor fall while riding the bus. Ms. D claimed for a host of injuries including post-traumatic stress disorder, brain injury, memory loss, problems with […]

Negligent Building Owner Liable for Provincial Health Costs
April 21, 2017

Under the Health Care Costs Recovery Act SBC 2008 c. 27, the government can require anyone who injures someone else to reimburse the Province for the cost of their medical treatment. This does not apply to injuries from a car accident, or in the course of employment. In British Columbia v. Tekavec, 2017 BCSC 613, […]

Small Accidents Can Cause Big Injuries
March 30, 2017

In Parker v. Martin, 2017 BCSC 446, a chiropractor was injured while backing out of a parking stall. While he stopped to let a pedestrian walk by, another pickup truck that was also backing up bumped into his vehicle. Although it was a low speed accident, the plaintiff was injured as a result. The plaintiff […]

Uninsured Driver Ordered to Pay up for Injuries
March 23, 2017

In Dizon v. Losier, 2017 BCSC 431, a plaintiff was injured after being rear-ended by the defendant. The accident occurred at an intersection with 2 left turning lanes and the plaintiff was attempting to make a left turn. While attempting to make the left turn the light changed to amber and the plaintiff, not believing […]

Dangerous Drunk Driver Lands Pub in Hot Water
March 16, 2017

In Widdowson v. Rockwell, 2017 BCSC 385, a plaintiff was injured walking home from work  when he was struck by a heavily intoxicated driver. Prior to the accident, the defendant stopped at Cambie Malone’s bar for drinks where he consumed liquor. He then stopped briefly at his house before continuing on.  He was arrested at the […]

Prior Testimony Kills Plaintiff’s Credibility at Trial
March 10, 2017

In Ross v. Andrews, 2017 BCSC 338, a plaintiff was ordered to pay double costs to ICBC after failing to win in his trial. He was injured in a car accident in Surrey in 2011. After a 15 day trial, a jury determined that the plaintiff had not received any injuries in the accident. Prior […]

City Found Liable for Trip and Fall on Broken Sign
March 2, 2017

In Binette v. Salmon Arm (City), 2017 BCSC 302, a women brought a suit against the city of Salmon Arm after she tripped on a metal traffic sign that was poking out the sidewalk. A crosswalk sign had been severed from its base and had remained in the sidewalk. It was later repaired sometime after […]

ICBC Hit with Double Costs After Refusing Reasonable Offer to Settle
February 23, 2017

In Risling v. Riches-Glazema, 2017 BCSC 252, Ms. R was involved in a car accident and was awarded $622,500 at trial in Supreme Court. Prior to the trial, her counsel hade made an offer to settle with ICBC for $315,000 plus costs and disbursements under Supreme Court Rule 9-1. At a hearing for costs, she […]

Car Accident | Will a new car help?
February 6, 2017

Watch this video posted on Facebook by the Daily Mail which shows that a new car could save your life in an accident: Crashing cars What a 1997 car crash looks like compared to now! Posted by Daily Mail on Saturday, February 4, 2017 This video posted on Daily Mail’s Facebook page shows how driving […]

Self Represented Man Loses out at BC Supreme Court
January 26, 2017

A recent BC case illustrates the difficulty faced by self represented litigants at trial. In Uppal v. Chung, 2017 BCSC 80, Mr. U was injured in two accidents, one of which caused serious disruption to his life. Liability was at issue in both accidents and Mr. U’s ability to receive any damages depended on establishing […]

Think Twice Before Lending Anyone your Car
January 19, 2017

A recent application at the Supreme Court illustrates that danger in allowing anyone to use your car. In Nagra v. Cruz, 2016 BCSC 2469, a plaintiff was injured in a car accident in June, 2011. The driver of the vehicle, E.C, had borrowed the car from a friend I. L who had borrowed the car […]

Motorcycle Accident Results in Million Dollar Award
January 12, 2017

The goodfirm ICBC lawyers want to draw attention to a recent case involving a serious motorcycle accident. In Sundin v. Turnbull, 2017 BCSC 15, the young man was rear ended while riding his motorcycle outside of Kelowna. He thrown from the motorcycle and landed 15 feet away. The plaintiff had the good fortune of wearing […]

Crosswalk Hazards: What you need to know before you cross
November 17, 2016

The goodfirm ICBC lawyers want to explain a recent car accident where a woman was struck at an unmarked intersection and found partially responsible. In Olson v. Farran, 2016 BCSC 1255, Mr. Justice Pearlman for the British Columbia Supreme Court found a plaintiff partially at fault for a crosswalk accident. Ms. O was walking to […]

Limitation Periods and Trusting ICBC Adjusters
November 10, 2016

The goodfirm ICBC car accident lawyers want to warn anyone injured in a car accident about the dangers of leaving the limitation periods for your claim in the hands of your ICBC adjuster. Under the Limitation Act SBC 2012 ch.13, there is a 2 year time limit to bring a claim for injuries, which includes any […]

Plaintiff Award Reduced by 50% for Failure to Mitigate in Car Accident Case
September 9, 2016

The goodfirm ICBC personal injury lawyers want to draw attention to a recent judgement from the BC Supreme Court where a plaintiff in a car accident had her award reduced for failing to mitigate. In Mullens v. Toor, 2016 BCSC 1645, Ms. M was injured on her drive home from work. Although her injuries were […]

Plaintiff’s Part 7 Benefits Reinstated after BC Supreme Court Finds Against ICBC in Interpreting Key Legislation
September 1, 2016

The goodfirm ICBC lawyers want to draw attention to a recent case where ICBC was ordered to reinstate an injured person’s Part 7 Benefits after they were terminated by ICBC. In Prosofsky v. ICBC, 2016 BCSC 1586, a plaintiff brought a proceeding seeking reinstatement his Part 7 benefits. Part 7 benefits get their name from […]

Top Ten Worst Intersections
July 18, 2014

Vancouver personal injury lawyers read ICBC’s 2013 list of the top ten Lower Mainland car crash intersections with mixed feelings. As the following Supreme Court of Canada excerpt sets out, likelihood of harm is one measure of reasonable conduct when driving a motor vehicle. In other words, the greater the likelihood of harm, the more […]

Inherent Jurisdiction
August 1, 2013

In the recent WVA case of Reznik v. Matty, 2013 BCSC 1346 Mr. Justice Funt reviewed the law relating to the inherent jurisdiction of the Supreme Court of British Columbia. The case involved an estate worth approximately $650,000 consisting of about $100,000 in cash or near cash and approximately $550,000 in real estate. The testator […]

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