In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of care required one-on-one supervision based on the patient’s known risk factors. The Court of Appeal dismissed the appeal, finding that the judge’s personal injury decision was not in error. The plaintiff was an 83-year-old patient admitted ..read more

ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money award. This includes benefits for physical therapy, homecare, homemaking and  loss of income. In a stunning decision, however, the Court of Appeal refused to deduct a $40,000 award for loss of housekeeping capacity. This despite ICBC agreeing t ..read more

  In this ICBC personal injury appeal, ICBC appealed the amount of reductions made for future ICBC benefits. ICBC argued successfully that the contingency reduction was fatally speculative. There was no evidence of a risk that the claimant would not receive the benefits to which she was entitled.(Watson v. Fatin,2023 BCCA 82) Personal Injury Trial Decision The lawsuit arose from a car accident near Sproat Lake on Vancouver Island. At the time, the plaintiff  was riding as a passenger in a minivan driven by her husband. He attempted to make a left turn off the highway when the left re ..read more

This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common sense does not dictate that the smaller the impact, the greater probability of no injury. As a result, the Court of Appeal makes clear: [30]  This is not to say that the severity of impact cannot be a relevant factor in assessing evidence of injury, but it is one factor, whic ..read more