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 →I was very active before my crash, and I loved being outside. Things are really different for me now – how will the court assess my loss? In the recent personal injury case Lock v Floreani (2017 BCSC 1313), the
Read More →If I am injured in a hit-and-run, do I need to do anything to alert ICBC that the offending driver is unidentified? The the decision of Parmar Estate v. British Columbia, 2017 BCSC 223 released earlier this year arose from a wrongful
Read More →If I am compelled to attend a medical assessment for ICBC, can ICBC conduct surveillance of me as I travel to the assessment? A useful decision was published this week by the British Columbia Supreme Court in the case of Moquin
Read More →Will I be awarded for future income loss if I am doing okay right now? My pain isn’t terrible, but will likely ebb and flow as I age – how will the court view my future losses? In a personal
Read More →How can inconsistent evidence impact a court’s decision? In the recent personal injury case of Traux v. Hryb (2017 BCSC 1052), the plaintiff was travelling on the highway in his tractor on a night with heavy rain and was approaching
Read More →I was disabled prior to my car crash, but things are much worse now. Will the court take my pre-existing problems into account when assessing damages? In reasons released this week, Justice Hinkson discussed the case of a woman who
Read More →I run a business and am able to write off many quasi-personal expenses for tax purposes. I also write off work done by my kids as contractor expenses even though I didn’t actually pay them. Clearly my earning capacity is
Read More →Is it necessary for a psychiatric expert to medically diagnose a psychiatric illness in order for me to receive compensation for the psychological impacts a motor vehicle crash has had on me? Today’s case is a Supreme Court of Canada
Read More →