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Vancouver Personal Injury Law Blog

How much lawyer leverage does ICBC have?

An interesting article was published today by Business in Vancouver which discusses the restrictions that ICBC imposes on the firms that it retains to defend personal injury claims. The article notes the potential problems that may occur when a plaintiff's firm also acts in other cases for ICBC. In particular, ICBC's standard agreement with firms includes terms that prevent those firms from raising certain issues when making claims against ICBC on behalf of injured clients. A link to the article is here: https://biv.com/article/2018/06/icbcs-lawyer-leverage

ICBC Injury Caps

The government of BC is facing a massive financial shortfall in operations at ICBC. They have advised that they are now looking at capping injury claims as a way to save money and help fix the problem.

Court Awards TTD Benefits to Plaintiff

A new decision was released this week by the British Columbia Supreme Court which deals with the circumstances in which an injured party is entitled to total temporary disability ("TTD") benefits from ICBC following an accident. The decision can be found here: http://www.courts.gov.bc.ca/jdb-txt/sc/16/14/2016BCSC1432.htm

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Surgical Error - Canadian Statistics

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Photo taken from TheProvince.com

The Province has published an article today about the frequency and causes of medical negligence claims arising from surgical error. From my own perspective, the statistics referred to in the article reveal the frequency of surgical error to be somewhat higher than I would have expected.  

Punitive Damages Ordered Against ICBC

In what can fairly be called a scathing decision, Madam Justice Griffin of the British Columbia Supreme Court released Reasons for Judgment today in a matter brought against ICBC.  In the case, Madam Justice Griffin was very critical of a series of steps taken by ICBC, particularly some employees within the SIU (Special Investigations Unit) Department.

In my experience, the SIU adjusters are typically quite aggressive with respect to pursuing cases in which they believe British Columbians have committed insurance fraud. By way of example, one of the adjusters in this case signed off on what might be suggested to have been an ill-advised email as the "fraud spanker".

Injury Cases Involving Children: Are the Insurance Issues truly "Murky"?

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Photo taken from www.theprovince.com

An article last week in the Province caught my eye - not only because it referred to a tragic mountain bike accident in 2010 involving a 15-year old young man at Sun Peaks Resort - but because it purported to shed light on the "murky" world of insurance law.  

We are not involved in the case in any way, and have no direct knowledge of any of the circumstances of the accident. However, on reading the article, I am not sure what aspect of the case the author found to be murky.

"Fraudsters" and ICBC

An interesting article was published by The Province this week suggesting that ICBC is using social media to "sniff out" insurance fraud braggarts. I have written in the past about the potential pitfalls of social media with respect to a personal injury claim.  

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Happy Halloween! Look Up to Avoid Pedestrian Accidents

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Hallowe'en is upon us! It's a night when trick-or-treaters are out and about and we all take extra care to avoid pedestrian accidents. As the kids zig-zag from one side of the dark street to another, their attention is on the treats behind the next door, and not on the car coming around the corner!

Formal Offers from ICBC in Personal Injury Litigation

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A Supreme Court decision was released last week which brings home the impact of formal offers during the course of a personal injury matter. Perhaps more importantly, the case also discusses circumstances in which special costs may be ordered against a plaintiff. 

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