Entries by bil2016

Retaining a Personal Injury Lawyer

Prior to retaining a lawyer in a personal injury case, you would be wise to ask about how you will be expected to pay the lawyer. Usually, personal injury lawyers will charge on a contingency fee basis;  meaning the lawyer will charge a percentage of the amounts recovered in your case. Typical fees in BC […]

Interest expenses not recoverable as disbursements following litigation

This week, the Court of Appeal for British Columbia released reasons regarding an appeal from an order from the BC Supreme Court, which concerned whether or not out-of-pocket interest payments incurred to finance disbursements are recoverable as disbursements. In MacKenzie v. Rogalasky, 2014 BCCA 446, the Court of Appeal heard argument concerning two cases in which […]

Exacerbation of pre-existing degenerative neck changes garner $75,000 award for damages

In McCartney v. McArthur, 2014BCSC 2164, the plaintiff had suffered of pre-existing pain symptoms, with flares of stiffness and limited range of motion at times. His car was rear-ended while stopped in traffic, pushing him into the car ahead of him, causing significant exacerbation of these prior injuries, as well as soft tissue injury to his […]

Defendant bus company granted leave to withdraw admissions of liability and negligence

Earlier this week, in the case of Finch v. Anderson, 2014BCSC 2008, reasons for judgment were released in an application to withdraw the defendants’ earlier admissions of negligence and liability. The collision occurred when a bus operated and driven by the defendants rear-ended the plaintiff’s vehicle, which had been stopped in the bus lane on Highway […]

BC Supreme Court clarifies entitlement to “revival” of part 7 disability benefits

In the case of Symons v. Insurance Corporation of British Columbia 2014 BCSC 1883, a summary trial application, the Court considered the “revival” of ICBC disability benefits following the Plaintiff’s attempt to return to work. In reasons for judgment, released today, the BC Supreme Court clarified when an individual insured through ICBC is entitled to receive temporary […]

Plaintiff awarded $3.1m for nightclub assault after defendants snub settlement offer of $1.4m

The case of Maras v. Seemore Entertainment Ltd., 2013 BCSC 1842, involved a Plaintiff who was assaulted outside a Downtown Vancouver nightclub. Liability for the incident was shared by the corporate Defendant, which owned the nightclub, and three of the club’s security personnel or “bouncers”, in a judgment delivered on June 9, 2014 The Plaintiff was found […]

Nurse awarded $680,000 following rear-end collision

Earlier today, the B.C. Supreme Court released its judgment in the case of Hawkins v. Espiloy 2014 BCSC 1804, where the 30-year-old Plaintiff was injured in a rear-end collision while completing her nursing degree. As a result of the accident, the Plaintiff experienced pain, bilateral foot numbness, and several episodes of urinary incontinence, in the weeks and […]