Tesla Crash Illustrates One of Few Potential Exceptions to ICBC “No-fault” Laws
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
2w ago
This week it was reported that a Tesla “suddenly accelerates’ into BC Ferries ramp, breaks in two. Despite the charged headline the body of the article makes it clear that the cause of the crash is unknown with police investigating whether “either a mechanical issue, or a matter concerning the driver, which may have caused the sudden acceleration.”. For the sake of a teachable moment under current BC law let’s assume the former. BC is now a no-fault jurisdiction.  This means that crash victims cannot sue those responsible for the crash.  Hit by a texting driver?  Too bad.  ..read more
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$326,000 In Damages Ordered After Road Rage Incident
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
This week MacIsaac & Company helped a client obtain judgement of over $300,000 following a Vancouver Island road rage based collision.  Congratulations to all lawyer and staff who assisted in this great result. The full case can be found here (Brown v. Ponton). Thank you Vancouver Sun and CTV News for covering this case. CTV News Link Vancouver Sun Link     ..read more
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Icy Property and the Standard of Care
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
The BC Lower Mainland and South Island just had one of our biggest snowfalls on record. I’ll keep this short. Here’s how an ambulance chaser sees a nice winter City walk. One of these property owners met the standard of care.  One would pretend they did.  One did not even bother trying. Be nice, clear your ice ..read more
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Thank you CBC News For Helping Spread Brain Health Awareness in Combat Sports
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
One of my responsibilities is volunteer work with the charitable organization Fighting Foundation. Fighting Foundation is helping bring education, resources, research and other services to the combat sports community.  One of the projects we’ve been advocating for in recent months is brain health awareness for combat sports gyms and practitioners.  There is encouraging data that better educated fighters sustain less long term brain harm. We teamed up with the Association of Ringside Physicians (the best combat sports doctors from around the world) and together created posters sharing ..read more
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BC Child Protection Agency Ordered To Pay Over $150,000 Damages For Human Rights Violation
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
2M ago
The below guest post authored by MacIsaac & Company’s Human Rights lawyer Kayla Bergsson __________________________________ In a recent decision, the BC Human Rights Tribunal held that an Indigenous mother was discriminated against in her interactions with a child protection agency that retained custody of her children and strictly restricted her access to them for nearly three years. The mother was awarded $150,000 as compensation for injury to her dignity, feelings, and self-respect. This is the second highest award under this category in the tribunal’s history. Governments in what’s now ..read more
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Court Sets Mileage Special Damage Rate at $0.60 per Kilometer in ICBC Claim
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
3M ago
Inflation is real.  Reasons for judgment were published this week by the BC Supreme Court, Vancouver Registry, helpfully setting mileage at $0.60 per kilometer in an ICBC claim. In the recent case (Trafford v. Byron, 2022 BCSC 1896) the plaintiff was involved in a tort claim preceding the current no-fault era.  Madam Justice Wilkinson provided the following helpful reasons for the current fair calculation of mileage as a special damage in such claims. [121] The plaintiff asks the court to take judicial notice that the cost of operating a vehicle has increased since the $0.50 rate was ..read more
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Booze Companies Should Slap Warning Labels On Their Product ASAP
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
5M ago
Alcohol is classified as a Group 1 carcinogen.  Like tobacco it is known to cause cancer in humans.  But the industry is silent about this. This week the Canadian Centre on Substance Use and Addiction published updated guidelines on the safe consumption of alcohol. The short version is less is better. These guidelines point to data of alcohol causing several types of cancer along with heart disease. Tobacco companies were forced to put warning labels on their products.  The alcohol industry, on the other hand, is quiet as could be on the subject. If government intervention won’t ..read more
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Latest ICBC Attempt To Stack Court System in Their Favour Declared Unconstitutional
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
7M ago
This week the BC Supreme Court struck down regulations limiting the amount of disbursements a party can claim when prosecuting an ICBC claim as being both unconstitutional and contrary to administrative law principles. By way of background, the current BC Government has taken many steps limiting the rights of BC crash victims in order to grow ICBC’s bottom line.  This culminated in full blown ‘no fault’ insurance taking away the rights of crash victims to sue those that injure them except in the most limited of circumstances.  There are many active claims, however, that pre-date the ..read more
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BC Court of Appeal Discusses Dual Role of Treating Physician as Expert and Lay Witness
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
8M ago
Informative reasons for judgement were published last week by the BC Court of Appeal discussing the scope of what is permissible when a treating physician is called both as an expert witness and a lay witness (witness of fact). In the recent case (Ford v. Lin) the Plaintiff was injured in a vehicle collision and sued for damages.  Following trial the Plaintiff appealed arguing treating physicians were unduly restricted by the trial judge when testifying.  The BC Court of Appeal found that no error occurred.  In doing so the Court provided helpful discussion on two points.  ..read more
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Ontario Court Creates The “Tort of Family Violence”
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
11M ago
Late last year a BC Supreme Court decision illustrated the fact that civil consequences for domestic violence can sometimes greatly outweigh even criminal consequences in a case where over $800,000 in damages were ordered to be paid. This month the judiciary in Ontario blazed new legal ground by creating the tort of “family violence”. In the recent case (Ahluwalia v. Ahluwalia)  the parties were involved in divorce proceedings following a violent marriage.  Over and above  the typical payments for spousal support the Court created the tort of ‘family violence’ and ordered $150,0 ..read more
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