June is Brain Injury Awareness Month in Canada. With over 20,000 Canadians being hospitalized each year with an acquired traumatic brain injury (per Government of Canada website) there is a huge need for public education around the prevention and impact of traumatic brain injuries. Did you know that: There are more Canadians living with an […]
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 […]
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 […]
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 […]
You’ve been in an accident, and before you have time to get the information from the driver that hit you, or write down their licence plate number, the other driver leaves the scene. What do you do now? In cases involving a hit and run, if you want to make a claim for compensation, the Insurance […]
During the usual course of a personal injury action an injured plaintiff may be treated by one or more medical professionals. Those professionals typically maintain clinical notes of each visit. If a matter proceeds to trial and the plaintiff elects not to call the treating physician, for example, the lawyer hired by ICBC may ask […]
Last week, the Court of Appeal for British Columbia released reasons in the case of Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA431. The case involved a plaintiff, Edward Stroszyn, who had suffered injuries as a result of a 2008 motor vehicle accident, where he was struck by a vehicle that had been leased by […]
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 […]
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 […]
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 […]