Intimate Images Protection Act Brought Into Force This Week
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
3w ago
The final steps for BC’s innovative Intimate Images Protection Act (“IIPA”) are now complete and the law is set to fully come into force. On December 18, 2023 Order in Council 725 was published noting that the IIPA will come into force on January 29, 2024.   In short this now means that anybody who has had their intimate images distributed without their consent in British Columbia, even if they have previously given consent and later revoked it, now have a new set of legal remedies. They can apply to various ‘decision makers’ including the online Civil Resolution Tribunal for a takedown ..read more
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Targeting “Deep Fakes” Using BC’s Intimate Images Protection Act
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
The BC Government passed the Intimate Images’ Protection Act into law last year.  In short this legislation gives victims of unwanted sexual and nude images posted online powerful tools to have the content removed and the ability to seek damages against those who fail to respect their wishes.  The law will be live as soon as the government passes the regulations and finalizes the updated Civil Resolution Tribunal rules for these claims. As deepfake technology rapidly spreads many celebrities and others have found themselves victims of fake sexual or nude images online.  The good ..read more
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Taxi Driver Negligent For Failing To Secure Seatbelt on Wheelchair Seated Passenger
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
Reasons for judgement were published last month addressing a key liability question – is a driver of a taxi negligent for not securing a seatbelt on an adult passenger who is in a wheelchair?  The answer was yes. In the recent case (Stillwell v. Richmond Cabs Ltd.) the Plaintiff was injured while being transported in a taxi.   The Defendant driver helped load the Plaintiff in his taxi and “did not affix the wheelchair seatbelt that would have secured Ms. Stillwell’s body in place.“.  The court found that due to her physical limitations the Plaintiff  “would not have be ..read more
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BC Court of Appeal Lays Down The Law of Sports Negligence Claims in BC
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
1M ago
Today the BC Court of Appeal published reasons for judgement clarifying the law in sports negligence lawsuits in BC.  In short liability can flow if a player is dangerous or reckless in their actions, even if executing an otherwise permitted technique. In the recent case (Cox v. Miller) the Plaintiff suffered a grade 3 dislocation of the right acromioclavicular joint as a result of a slide tackle in a recreational soccer game.  The game was under FIFA rules in which slide tackles were allowed.  At trial the Defendant was found liable with the court finding he approached the Plai ..read more
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ICBC Not Entitled To Unlimited Information in Processing Claims
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
2M ago
ICBC has a lot of power when processing claims.  But it is not unlimited.  This week reasons for judgement were published by the Civil Resolution Tribunal reigning in some of the power ICBC thought they had. In the recent case (Nawa v. ICBC) the Applicant was involved in two collisions.  A benefits dispute arose with ICBC with the Applicant claiming, among other things, that ICBC wrongfully suspended the payment of his income replacement benefits. ICBC argued they were entitled to do so because he did not comply with section 11 of the Insurance (Vehicle) Act.  This section ..read more
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CRT Publishes Draft Intimate Image Protection Order Rules
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
2M ago
In March 2023 the BC Government passed the Intimate Images Protective Act.  The regulations under the Act and the way the Civil Resolution Tribunal (“CRT”) will deal with these claims are yet to be finalized but things now appear to be getting closer. Today the CRT announced draft rules for these claims and requested public feedback.  The below has been published on the CRT’s website: The Intimate Images Protection Act (IIPA), passed in March 2023, gives the Civil Resolution Tribunal (CRT) jurisdiction to resolve claims about non-consensual sharing of intimate images. Under IIPA, the ..read more
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ICBC Loses “Minor Injury” Fight In Case Involving Chronic Shoulder Injury
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
3M ago
Reasons for judgement were recently published by BC’s Civil Resolution Tribunal shaping the case law as to what is, and what is not, a “minor injury” for crashes that happened during the ‘minor injury’ era. In the recent case (Ampabeng v. Madden)  the parties were involved in a collision.  The respondent suffered chronic soft tissue injuries and a shoulder injury.  He worked a heavy physical job and the injuries caused him to shift to more administrative duties as his injuries largely disabled him from heavy physical labour.  The injuries were also not expected to get bette ..read more
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Cyclist At Fault for “Abrupt” Lane Change Leading To Rear End Crash of Two Vehicles
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
4M ago
ICBC likes to say if you rear end someone you are at fault.  But the law is more nuanced than that.  Reasons for judgement published this week shed light on this reality. In today’s case, (Virk v. Helm-Northover) the Plaintiff was a passenger in a vehicle involved in a crash.  She was faultless.  Who was to blame was the issue.  In short a cyclist was travelling in a protected bike lane.  Behind him were two vehicles.  Moments after initially signaling the cyclist made an “abrupt” left hand turn.  The lead motorist, not paying enough attention to what wa ..read more
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Crash Victims Lose. ICBC Wins. A Story Of ICBC “Enhanced Care” And Sick Bank Benefits
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
6M ago
The government replaced British Columbians right to sue careless drivers with what they call ICBC ‘enhanced care’.  Sounds good right?   Nice soundbite but of course the devil’s in the details and the truth is there is nothing ‘enhanced’ about the reality BC crash victims face.  This week the latest case was published by the Civil Resolution Tribunal telling British Columbians the harsh truth about how ICBC income replacement benefits work. In this week’s case (Nishimura v. ICBC) the Applicant was injured in a vehicle collision.  She was employed as a heatlh care worke ..read more
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Something Doesn’t Add Up Under David Eby’s ICBC
BC Injury Law and ICBC Claims Blog
by ERIK MAGRAKEN
8M ago
Some recent back patting was released recently boasting about what a great employer ICBC is. The NDP have been in power for several years.  And David Eby, the current Premier, was the architect of bringing in no fault insurance during this time.  (They don’t call it no-fault which makes you realize your rights were stripped, they call it ‘enhanced care’ to make you think its awesome!). The numbers show some interesting math.  Under the NDP’s reign the number of employees ICBC has ballooned by 35%.  And number of employees making over $100K per year has doubled. During the s ..read more
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