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Judgment Summaries

  • Published by Jill Bishop,

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 [...]

  • Published by Jillian Dean,

If I take time away from treatment – even significant time – can I still be compensated for my injuries? In this week’s case, the court considered the damages payable to a girl who had been injured in a collision [...]

  • Published by Jillian Dean,

If I haven’t lost any income in the past, can I still be awarded for future losses? In this week’s case, the court considered the damages owing to a high level executive who had gritted her teeth to keep working [...]

  • Published by Jillian Dean,

In this week’s case, the court considered what to award a young lawyer for her loss of capacity after she was injured in two motor vehicle collisions (Harry v Power at al 2017 BCSC 2618).  The plaintiff, Ms. Harry,  had [...]

  • Published by Jill Bishop,

If I’m a passenger, and due to his own negligence, my husband crashes the vehicle – can I recover compensation from his insurance company for services he provides me in my injured state?  Would this result in him being “paid” [...]

  • Published by Jill Bishop,

If my career plans are waylaid by my injuries, how will a judge assess my future income loss? What if there is uncertainty about whether I would have achieved my planned designation? In a decision published earlier this week (Flores [...]

  • Published by Jillian Dean,

What does the world of personal injury look like beyond ICBC Claims?  Moreover, what does it mean for an injury to have been reasonably foreseeable? The bulk of our practice area might be automobile collisions, but personal injury lawyers also [...]

  • Published by Jill Bishop,

If I decide to get litigation loans, will ICBC have to pay for the interest on those loans?  What if I am financing my life with debt before I am injured? In the 2012 decision of Campbell v. Swetland 2012 [...]

  • Published by Jill Bishop,

If I incur interest on treatment expenses I need as a result of my injuries, will ICBC have to pay for the interest? In the 2013 BC Supreme Court decision of Thibeault v. MacGregor, 2013 BCSC 808, the plaintiff had unpaid [...]

  • Published by Jillian Dean,

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 [...]