Awakening from a bad dream……PeaceArch News highlights Harriet Fowler’s story of courage and inspiration
This wonderful lady, Harriet Fowler, was a client of Brain Injury Law. “You’re told all these bad things. Doctors always tell you the worst, but the thing you have to remember is to not give up, no matter what doctors tell you.” Please read the full article about...
9 Things NOT to Say to Someone with a Brain Injury
This insightful article provides some helpful reminders to those caring for a loved one with a brain injury. http://www.brainline.org/content/2012/10/9-things-not-to-say-to-someone-with-a-brain-injury.html
Interest expenses not recoverable as disbursements following litigation
This week, the Court of Appeal for British Columbia released reasons regarding an appeal from an order from the BC Supreme Court, which concerned whether or not out-of-pocket interest payments incurred to finance disbursements are recoverable as disbursements....
Exacerbation of pre-existing degenerative neck changes garner $75,000 award for damages
In McCartney v. McArthur, 2014BCSC 2164, the plaintiff had suffered of pre-existing pain symptoms, with flares of stiffness and limited range of motion at times. His car was rear-ended while stopped in traffic, pushing him into the car ahead of him, causing...
You’ve been involved in a hit and run accident. What do you do?
You’ve been in an accident, and before you have time to get the information from the driver that hit you, or write down their licence plate number, the other driver leaves the scene. What do you do now? In cases involving a hit and run, if you want to make a claim...
No adverse inference when clinical records disclosed to the defence and provided to experts
During the usual course of a personal injury action an injured plaintiff may be treated by one or more medical professionals. Those professionals typically maintain clinical notes of each visit. If a matter proceeds to trial and the plaintiff elects not to call the...
Payments by joint tortfeasors are deductible from vicarious liability obligations of lessors
Last week, the Court of Appeal for British Columbia released reasons in the case of Stroszyn v. Mitsui Sumitomo Insurance Company Limited, 2014 BCCA431. The case involved a plaintiff, Edward Stroszyn, who had suffered injuries as a result of a 2008 motor vehicle...
Defendant bus company granted leave to withdraw admissions of liability and negligence
Earlier this week, in the case of Finch v. Anderson, 2014BCSC 2008, reasons for judgment were released in an application to withdraw the defendants’ earlier admissions of negligence and liability. The collision occurred when a bus operated and driven by the defendants...
BC Supreme Court clarifies entitlement to “revival” of part 7 disability benefits
In the case of Symons v. Insurance Corporation of British Columbia 2014 BCSC 1883, a summary trial application, the Court considered the “revival” of ICBC disability benefits following the Plaintiff’s attempt to return to work. In reasons for judgment, released today,...
Plaintiff awarded $3.1m for nightclub assault after defendants snub settlement offer of $1.4m
The case of Maras v. Seemore Entertainment Ltd., 2013 BCSC 1842, involved a Plaintiff who was assaulted outside a Downtown Vancouver nightclub. Liability for the incident was shared by the corporate Defendant, which owned the nightclub, and three of the club’s...
