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Channel: ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC » Madam Justice Hyslop
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Verbal Agreements Can Create Binding Settlements of Injury Claims in BC

While this is certainly not a new legal development (you can click here to access my archived posts addressing this topic) reasons for judgement were released this week by the BC Supreme Court,...

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Fibromyalgia and PTSD Claims Rejected, $40,000 Non-Pecuniary Assessment for...

Adding to this site’s BC soft tissue injury caselaw database, reasons for judgement were released recently by the BC Supreme Court, Kamloops Registry, assessing damages for a lingering Grade II soft...

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The Dry Judgement Blues – Knowledge of lack of Registered Owner Consent

Knowingly riding in a vehicle involved in a collision where the at fault driver does not have the owner’s consent can lead to legal headaches when it comes to being compensated for injuries.  Reasons...

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$48,000 Non-Pecuniary Assessment for C5-6 Disc Herniation

Adding to this site’s archived case summaries addressing C5/6 disc injuries, reasons for judgement were released this week by the BC Supreme Court, Kamloops Registry, addressing such an injury. In...

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“Poor, Homeless and Sick” Plaintiffs Not Negligent For Accepting Ride in Box...

While passengers can be found contributorily negligent for riding in the box of a pick-up truck such a finding will depend on the circumstances.  Reasons for judgment were released this week by the BC...

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$45,000 Non-Pecuniary Assessment for Lingering but Resolving Soft Tissue Injury

Adding to this site’s archived case summaries addressing soft tissue injury damages, reasons for judgement were released this week by the BC Supreme Court, Vernon Registry, assessing damages for a...

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Why You Shouldn’t “Steal” and Burn Your Own Car

It should go without saying that stealing and burning your own vehicle with a view to making an insurance claim is not a good idea. Reasons for judgement were released last week by the BC Supreme...

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“There is No Deduction for Income Tax” For Diminished Future Earning Capacity...

When Courts in BC assess damages for future ‘diminished earning capacity‘ no deduction is to be made for income taxes to be paid on those funds.  Although this is not a new legal development, it is...

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It Ain’t Over Till It’s Over- Fresh Evidence Allowed After Close of Injury...

After the conclusion of a personal injury trial it can take several weeks if not months before judgement is granted.  If relevant developments occur during this time the Court has discretion to re-open...

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Motorist at Fault For Collision With Scooter During U-Turn

Reasons for judgement were released today addressing fault for a collision involving a vehicle conducting a U-turn. In today’s case (Longford v. Tempesta) the Plaintiff was operating a scooter and was...

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