ICBC Ordered To Pay Over $400,000 After Denying Widow Death Benefits Following Fatal Crash
BC INJURY LAW
by ERIK MAGRAKEN
2M ago
Reasons for decision were published last week by the Civil Resolution Tribunal ordering ICBC to pay over $400,000 in benefits and interest after finding they wrongly denied a widow spousal death benefits following a fatal collision. In the recent case (Dion v. ICBC) the Applicant’s spouse died in a motorcycle collision in 2022.  The Applicant applied for the spousal death benefit but ICBC refused to pay arguing that they were living separately at the time of the crash and therefore no longer spouses as defined in the applicable regulation. Vic Chair Eric Regehr found that ICBC was wrong i ..read more
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BC Supreme Court Judge “Unable to Presume That ICBC Will Conduct Itself Honourably Moving Forward”
BC INJURY LAW
by ERIK MAGRAKEN
3M ago
Pointed reasons for judgment released this week by the BC Supreme Court showed just how poorly ICBC fulfilled their obligations to an individual they insured despite making promises to the court that they will be fair.  Madam Justice Murray noted she is “unable to presume that ICBC will conduct itself honourably moving forward“. Here is the context. In the recent case (Taylor v. Peters) the Plaintiff suffered serious injuries in a 2017 crash.  She was not at fault.  Back then BC crash victims still enjoyed the right to sue for proper compensation.  At trial the plaintiff wa ..read more
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Help Needed After Tragic Brain Injury From BC Kickboxing Bout
BC INJURY LAW
by ERIK MAGRAKEN
4M ago
  This week CBC covered a sad story of a young PhD student studying at UBC who suffered a likely permanent brain injury from what was advertised as a ‘light’ and ‘controlled’ contact kickboxing bout which was hosted at Simon Fraser University. Zhenhuan Lei is likely in a permanent vegetative state.  His mom, Ying Li, has been appointed his committee and commenced litigation. Our firm is representing the family in this litigation and I will not comment publicly on the case. That said I am happy the case has received media attention as Zhenhuan Lei’s medical needs are profound. We hav ..read more
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Intimate Images Protection Act Brought Into Force This Week
BC INJURY LAW
by ERIK MAGRAKEN
5M 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
by ERIK MAGRAKEN
5M 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
by ERIK MAGRAKEN
5M 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
by ERIK MAGRAKEN
5M 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
by ERIK MAGRAKEN
6M 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
by ERIK MAGRAKEN
6M 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
by ERIK MAGRAKEN
8M 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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