If I can’t work at my pre-crash job, do I have to do something else? What if I’d rather not work at all than work some low-level job on a part-time basis? Short answer: yes, you gotta. In this week’s
Read More →Will the judge accept my decision to retire early because of injuries? What if it was a reasonable decision, but not strictly a necessary one? In the September 2018 decision of Riley v. Ritsco (2018 BCCA 366), the Court considered
Read More →Do I need a psychiatrist’s opinion to prove my mental injuries? What if the trial judge gets the law wrong on that point? In a decision from September 2018, the British Columbia Court of Appeal considered whether a trial judge
Read More →If I attend one IME at the request of the defence, can they make me attend a second? What if the first IME doctor gave an opinion about all my alleged injuries? What if that opinion was outside the scope
Read More →If the jury rejects my claims outright, will I have to pay ICBC’s costs of defending the other driver? What if they shared video surveillance that should have alerted me to issues with my credibility? In a decision made September
Read More →Will ICBC have to pay my lawyer’s out-of-pocket expenses at the end of the claim? What if my lawyer obtained a number of expert reports even though my case didn’t seem very strong? After an ICBC claim has gone to
Read More →What will the court award me for my future care expenses? What if my physiatrist recommends I get some expensive home exercise equipment, or a new desk chair? In this week’s case, Justice Riley reviewed the legal test for future
Read More →Can I claim injury-related income loss if I have a bunch of unrelated stressors in my life? What if I have sent emails about the dismal market, and blamed a strata dispute for my loss of income? In the 2012
Read More →If my injuries coincide with the downturn in the real estate market, can I successfully prove my realtor commission losses are related to injuries? In the case of Javier v. Hooper (2014 BCSC 1253), the plaintiff was a realtor injured
Read More →Will a realtor be able to prove commission losses for hypothetical sales? What about loss of future earning capacity where she is plagued by ongoing symptoms? In the case of Willett v. Rose (2017 BCSC 627), the plaintiff was a
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