ICBC & Injury Claims

Management Fees

Damages awards should compensate a person for all their losses arising out of an injury. Losses suffered up to the date of a trial are often much easier to determine than losses the injured person is projected to suffer in the future. For instance, the injured person might be able to establish that they will […]

Dog Attacks

Most personal injury claims are based on negligence. Essentially, the law of negligence provides that where one person fails to take reasonable care and injures another person as a result, the first person is responsible for any injuries and consequent losses suffered by the other person. Dog bite claims are unique in that they can be […]

Increased Court Costs Denied Despite COVID

In Dunn v. Heise, 2021 BCSC 2215, the plaintiff was awarded more than $800,000 in damages after being injured in a motor vehicle accident. Following the trial, the parties returned before the trial judge to resolve the issue of court costs. As we’ve discussed before, costs are an amount of money awarded to the successful […]

Vindictive ICBC Law Struck Down as Unconstitutional

The BC Supreme Court has once again struck down as unconstitutional one of David Eby’s vindictive ICBC laws. This time around it was his scheme to prevent accident victims from fully recovering the expenses they have to incur to prove their claim. These expenses are known as disbursements.  Disbursements can include things such as the cost […]

Vicarious Liability of Employers

When an employee injures someone in the course of their employment, their employer can be held responsible or vicariously liable. The rationale is that it is the employer who introduced an enterprise that carries risk into the community and should bear the loss when that risk materializes.Employers will be vicariously liable for the actions or […]

Slater v. Courtenay (City)

When a person is injured on another person’s property, they may have recourse under the Occupiers Liability Act. The OLA requires that the occupier of a property take reasonable care to ensure that persons on their property are reasonably safe. This includes property owned by municipalities. However, the rather unique case of Slater v. Courtenay […]

ICBC Ordered to Pay Special Costs for Post-Judgment Delays

ICBC has been ordered to pay an injured man special costs for unreasonable conduct following trial.In Purewal v. Uriarte, 2021 BCSC 1935, the plaintiff was injured in car accident in 2016. ICBC had conduct of the defence on behalf of the at-fault party. The plaintiff’s claim proceeded to trial in June 2020. The judge ultimately […]

Key Provisions of CRT Act found Unconstitutional

The Civil Resolutions Tribunal (or CRT) is an administrative tribunal established by the BC government in 2012 to handle disputes between strata councils and property owners. In 2017 the tribunal’s jurisdiction was expanded to allow them to hear small claims disputes of $5,000 or less.The NDP government drastically expanded the tribunal’s jurisdiction in 2019 to […]

Devendra v. BC CRT

As we’ve discussed before, the BC Civil Resolution Tribunal has been tasked exclusively with many matters related to ICBC claims. Significantly, this includes exclusively jurisdiction over fault for certain accidents and an injured person’s entitlement to no-fault benefits. Given the importance of the matters the CRT has been tasked to decide, you would expect that […]

CRT Part 7 Decision Update

As of April 1, 2019, substantial changes have been made to ICBC No-Fault benefits. Also known as “Part 7” benefits, these benefits are generally available to all British Columbia motorists involved in a collision regardless of whether they are at fault or not. These benefits primarily cover treatment expenses and disability benefits.The current BC government […]

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