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Judgment Summaries

  • Published by Hergott Law,

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

  • Published by Hergott Law,

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

  • Published by Hergott Law,

If I face formal offers and fail to beat them at trial, will I suffer costs consequences?  What if it turns out that I was misleading experts and my credibility unravels at trial? In a decision released on August 16,

  • Published by Hergott Law,

If I have to retire early, will I get compensation for the loss of pension contributions?  What if I just reduce my workload?  How will my lawyer prove that? In this week’s case, Justice Baker considered an issue arising after

  • Published by Hergott Law,

Will all of my massage therapy treatments be covered by ICBC at the end of my claim?  What if I was going to some anyways?  What  if I tried a treatment that didn’t work? In this week’s case, the plaintiff

  • Published by Hergott Law,

If ICBC appeals the decision of the trial judge, is my credibility on trial a second time? In the recent judgment of McKenzie v. Lloyd (2018 BCCA 289) the Court of Appeal was asked by defence counsel (appointed by ICBC),

  • Published by Hergott Law,

If I take time away from treatment – even significant time – can I still be compensated for my injuries? In this week’s case, the court considered the damages payable to a girl who had been injured in a collision