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 I lose control of my car and leave it blocking some of the road, can I be liable for somebody else hitting it? What if it’s a dark night, I don’t turn on my hazards, nor put out reflectors
Read More →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),
Read More →If I have preexisting fibromyalgia, will my pain and suffering damages be less? What if I’ve not had treatment for fibromyalgia for several years and I’m living my best life before I am injured? This case was summarized on the
Read More →If I have an ICBC claim, I should be careful about what I’m seen doing… right? There seems to be a common thread in thinking about personal injury claims that a person couldn’t possibly be hurt if they dare to
Read More →Can ICBC elect to have a jury decide my case? What if my injuries happen when I am drunk and riding in the back of a pickup truck? What if the jury may be more critical of me than a
Read More →If a jaywalker is hit by a car while crossing the street, who is at fault? Will the jaywalker be found contributorily negligent? What if the vehicle was clearly breaking the rules of the road which the jaywalker was relying
Read More →What is a reasonable assessment of damages for my pain and suffering caused by my injuries? How does the court decide what is fair and just? In order to predict what might be a realistic range of damages awarded by
Read More →If I am a “changed person” after the collision, but did not lose consciousness, will the judge be satisfied that the changes in my personality were caused by a brain injury? What if I was born prematurely and susceptible to
Read More →When late disclosure of medical records results in the submission of a last minute supplementary expert report just before trial, who’s to blame? Is a mistrial in order? A decision released by the BC Supreme Court on August 29, 2017
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