The maximum award for pain and suffering (also called non-pecuniary damages) was set by the Supreme Court of Canada in January of 1978 at $100,000. Taking inflation into account this comes out to around $350,000: http://www.courts.gov.bc.ca/jdb-txt/SC/14/14/2014BCSC1404.htm#BookMark88 Keep in mind that this number is pegged to inflation and will increase as inflation increases. The idea behind […]
Tag Archives: ICBC
When choosing to go ahead with a personal injury case you should always consider the consequences of losing. In this recent Supreme Court of British Columbia case, the plaintiff was found to be 100% at fault for the accident (which involved a bicycle striking a truck). The Plaintiff was assessed court costs against him: […]
The duty to mitigate was dealt with in a recent Supreme Court of British Columbia case: http://www.courts.gov.bc.ca/jdb-txt/SC/14/22/2014BCSC2224.htm This case dealt with a 57 year old construction worker who sustained various soft tissue and psychological injuries in a motor vehicle accident. His total award was reduced by 15% (on the major heads of damage). This may […]
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In a recent Supreme Court of British Columbia case, inconsistent statements from the defendant led to the courts adopting the plaintiff’s account of events: http://www.courts.gov.bc.ca/jdb-txt/SC/14/21/2014BCSC2193cor1.htm This case involved a motor vehicle accident in an intersection. A northbound car was struck by a westbound car. At issue was the colour of the light as the […]
The simple answer is yes. The courts have ruled conclusively on this issue: http://www.canlii.org/en/bc/bcsc/doc/1993/1993canlii1318/1993canlii1318.html ” I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in […]
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A “hit and run” involves one or more drivers leaving the scene of an accident without providing their name and address. It is a crime in Canada to commit a hit and run. The punishment for this crime can be up to life in prison, depending on the circumstances and injuries to the parties involved. […]
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Oct
With the winter in Vancouver comes darkness and lots of rain. This makes it much harder for motorists to see or react to pedestrians. The dark and rainy conditions result in lower than usual visibility. The wet and sometimes icy conditions make it much harder for drivers to bring their vehicles to a stop […]
As of last Monday (October 21, 2014), the penalty of using a hands free device, including a cellular phone, while driving has increased. http://globalnews.ca/news/1624055/stiffer-distracted-driving-penalties-as-of-monday/ Prior to Monday the penalty was merely a $167 fine. As of Monday the penalty now includes 3 demerit points on your license. An increase in the fine is also being […]
