If I have been in crashes in the past does that mean I don’t have a claim? Do the injuries from my previous crashes have an effect on the value of my claim? What if none of these crashes are
Read More →Is liability always determined at the same time as damages in a personal injury claim? What if liability is the big question? My injuries are straightforward, we just need to figure out the liability so that the claim can be
Read More →How does the court decide who to believe in a “he said, she said” situation? What if you have told a lie during my Examination for Discovery, will that kill my credibility? In this week’s case of Matharu v. Gill
Read More →If you make a personal injury claim, should you be extra careful what you post online? Will your posts be used against you? In the recent case of Carlisle v. Vanthof (2015 BCSC 2427), the plaintiff was in her early
Read More →How will my pre – crash limitations affect my claim? Should I try to downplay my pre – existing injuries? What if my pre – existing injuries make me more susceptible to being injured? How does the court balance these
Read More →How does the court determine whether or not they will grant cost relief to the defendant? In the June 19, 2015 decision in Mote v. Silva 2015 BCSC 1053 Madam Justice Ross considers and rejects the defendant’s request to apportion
Read More →If you don’t win on absolutely every element of your claim, will costs be “apportioned” or will you be entitled to your full costs? In the June 19, 2015 decision in Mote v. Silva 2015 BCSC 1053 Madam Justice Ross considers
Read More →Can ICBC point to your activities on social media to undermine your evidence in trial? In the recent decision of Tambosso v. Holmes, 2015 BCSC 359 the plaintiff gave evidence of the psychological injuries she had suffered due to the
Read More →If your medical records include pre-crash complaints of neck pain, and your ICBC claim is for a neck injury, will your award be reduced to account for your pre-crash neck pain? In today’s case of Lemyre v. Stubbert, the plaintiff denied
Read More →Is it necessary to complain about your symptoms every time you see your doctor? In the April 30, 2015, decision in Blackman v. Dha, Madam Justice Devlin considers and rejects an attack on the injured victim’s credibility for not repeatedly
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