Pain and Suffering for a Young, Active Plaintiff
I have a lot of pain, but I’ve pushed through it to more or less get back to my work and hobbies. Will I still be compensated? What if I can’t play baseball as well as I used to be
Read More →The Practicalities of Homecare for Catastrophic Injuries
If I am catastrophically injured in a crash, will I recover for my significant home care needs? What if my daughter has been attending to a large portion of my care, but is about to move out on her own?
Read More →Reverse Onus on Bus Drivers Overturned
If I am hurt due to abrupt braking while I am riding on a bus, should negligence be assumed of the bus driver merely because I am injured while on public transportation? Shouldn’t it be like other cases where I
Read More →Future Income Loss for a Young Person
I can work now, but I’m worried about the future – what if my pain gets worse as I age? Will I be compensated for that? In the 2016 case Deol v Sheikh (2016 BCSC 2404), the plaintiff was a
Read More →Double Costs Denied
If I am awarded more at trial than my last offer to settle on the ‘eve of trial’, will the judge award me extra costs because the defendant forced me to run a trial and wasted court time? What does a judge consider
Read More →Loss of Capacity for a Stoic Grandmother
If I am barely holding on despite working reduced hours, will I get compensated for the chance that I’ll be unable to continue holding on in the future? Last week’s summary looked at this same case (Beaton v Perkes 2016 BCSC 2276),
Read More →General Damages for a Stoic Grandmother
If I try hard to ignore my injuries and get on with my life, will I get less money that someone who dwells on their pain? What if I’ve worked really hard to get back to my activities, even though
Read More →ICBC’s Right To Conduct Surveillance
I have agreed to attend a medical examination requested by ICBC. Can ICBC conduct surveillance of me as I travel to and from this examination? In the course of litigation arising from a motor vehicle incident it is common for
Read More →Striking a Jury Notice
Will my case be heard by a jury? I don’t even understand the legal complexities – what if the jury doesn’t, either? In an oral judgment from earlier this year, Justice Power opined on the plaintiff’s application to strike the
Read More →Second Defence Medical Exams
If ICBC has already sent me to an expert, can their defence lawyer send me to another? What if the first expert was very thorough? This question came before Master Wilson of the Kelowna registry earlier this month (unreported –
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