Tag Archives: vancouver

Being overly “combative” can ruin your ICBC claim.

  It’s very important for plaintiffs in ICBC claims to present themselves well. Ultimately, a judge may decide how much your claim is worth, and your demeanour may play a large role in their decisions. Even in earlier parts of the litigation process, such as an examination for discovery, coming off as stand-offish or evasive can […]

Uber launches in Calgary. Is Vancouver next?

  Uber has officially launched in Calgary, and, thus far, the response has been very positive: http://calgaryherald.com/storyline/here-comes-uber-the-ride-sharing-service-launches-in-calgary-today A few things might differentiate Calgary from Vancouver. Most notably, a cab licence in Calgary was only selling for $100,000 on the secondary market at the time Uber was launched. In Vancouver, the price of a cab license […]

How a lack of credibility can ruin your ICBC case.

  Credibility is extremely important. At trial, the amount a plaintiff is awarded hinges heavily on the specific facts of a case, which separate one claim from another. It is a court’s job to determine facts based on the evidence before them, and a primary source of evidence is often the plaintiff themselves. Basically, the amount […]

Injured in a motor vehicle accident? ICBC may owe you compensation for retraining and tuition costs.

  The Supreme Court of British Columbia recently awarded a plaintiff $5000 for future training on the grounds that there was a “reasonable likelihood” she would require it: http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1740.htm What made this award interesting was that the judge had also ruled that the plaintiff was “not, at this time, disabled in any meaningful way.” Additionally, this […]

You do not need to lose consciousness to suffer a brain injury: court awards art student million dollar settlement in ICBC case.

  In a recent Supreme Court of British Columbia case, an art student was awarded a 1 million dollar settlement: http://www.courts.gov.bc.ca/jdb-txt/SC/15/17/2015BCSC1724.htm At issue was whether or not the plaintiff had suffered a brain injury. The courts found that the plaintiff had indeed suffered a mild traumatic brain injury, which was likely to cause “permanent”cognitive impairment. […]

An update on how the courts deal with pre-existing injuries and how this will affect your ICBC claim.

  Clients of mine often suffer from pre-existing injuries; these are injuries that they suffered from prior to their motor vehicle accidents. Pre-existing injuries can severely complicate how much your case is worth and how you should deal with ICBC. The law on this area is equally complicated. A recent Supreme Court of British Columbia […]

New York judge rules that uber is legal and cab companies must simply compete with ride sharing services.

  The law in New York state makes it illegal to hail a ride from the street from a vehicle without a proper license. The taxi companies were arguing that the use of a smart phone to arrange a ride was equivalent to an electronic “hail”. The courts, however, decided that this was not the case. […]

Never settle too early with ICBC: the courts award a plaintiff almost $800,000 for a deteriorating soft-tissue injury.

  When negotiating with ICBC there is always a temptation to settle a case as soon as possible. A recent Supreme Court of British Columbia case illustrates why this can be a huge mistake: http://www.courts.gov.bc.ca/jdb-txt/SC/15/15/2015BCSC1532.htm Here, a plaintiff initially suffered what were described as “typical” soft-tissue injuries. Over time, however, these injuries progressed into something […]