ICBC & Injury Claims

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 […]

Deductions After an ICBC Trial

If a person with an ICBC claim goes to trial and is awarded damages, ICBC can apply to deduct from the judgment any no-fault benefits paid or payable in the future. The purpose of such deductions is to avoid double recovery ie. making sure the person does not receive more than what they are entitled […]

COVID-19 and Injury Claims

The COVID-19 pandemic influenced areas of law such as family, employment, and criminal.  However, one area of law which was also affected, though less considered, is personal injury.  We’ve summarised two cases for a quick snapshot of how the courts have dealt with the effects of COVID-19 on ICBC cases.The Effect of COVID-19 on Lost […]

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