How will my alcohol consumption affect the court’s assessment of my award for compensation? Will I be penalized by the courts if I have a pre-existing substance abuse problem fail to mitigate my losses? What if my drinking habits became
Read More →If there are barriers to getting the recommended treatment for my injuries, will I be penalized? What if there is no evidence that the treatment would have improved my condition? In a decision released this week (Downey v. O’Connor 2017 BCSC
Read More →In assessing the income loss of a business owner, will “written off” personal expenses be considered? Taxable income alone won’t usually tell the full story of the financial benefit of the business. In a BC Supreme Court decision released this
Read More →If I am forced to change careers as a result of my injuries, will I be compensated? What if I managed to stick it out in a physically demanding career for years after the crash? What if I choose a
Read More →I’m terrified of needles. Do I have to follow the recommendations of my doctors that I get some therapies involving needles? Will my settlement be reduced if I don’t do it? In the recent case Dhillon v Singer (2017 BCSC
Read More →Is there an obligation that plaintiffs follow all treatment recommendations? What if the recommendation was optional, and the plaintiff’s actual treatment was effective? The case of Jamal v. Kemery-Higgins (2017 BCSC 213) was summarized last week on the point of obtaining a
Read More →If ICBC argues that my recovery has been hampered by my lack of motivation, will my compensation be affected? What if I am struggling with a psychological disorder? In reasons released last week by the BC Supreme Court, Kweon v.
Read More →I didn’t realize that I had an actual legal obligation to take all reasonable steps to get better, including paying for therapy that ICBC refused to continue funding. Is ICBC going to be able to get away with paying only
Read More →What if I’m too scared to undergo surgery? Will my total phobia excuse me from consequences of my failure to mitigate? In today’s judgment summary, we’re looking back at Supreme Court Case from 1985 called Janiak v Ippolito [1985] 1
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