New and Notable - Personal Injury

CLE Practice Point: Coping with Self-Represented Litigants in Supreme Court (Defending Personal Injury)

Courthouse Libraries of BC — Thu, 19 Apr 2012 17:05:00 GMT

In this paper written for the recent CLEBC course: Defending Personal Injury 2012, author Alison L. Murray offers insight into the motives of lay litigants and identifies potential pitfalls for the lawyers who oppose them. Click here to view a pdf version of the paper.

In 2011, CLE Practice Points published a similar paper on dealing with lay litigants in small claims court.

New Limitation Act Proposed

Courthouse Libraries of BC — Tue, 17 Apr 2012 18:20:00 GMT

Bill 34, Limitation Act, 2012 was introduced (1st Reading) on April 16, 2012.

From Bill 34's Explanatory Note:

This Bill repeals and replaces the Limitation Act, R.S.B.C. 1996, c. 266. This Bill establishes, in relation to most claims, a basic limitation period of 2 years from the date of discovery of the claim, as explained in this Bill, and an ultimate limitation period of 15 years after the event giving rise to the claim. This Bill exempts certain claims from these limitation periods and provides that certain specified situations may extend or override the limitation periods. As a result, no claim may be litigated and no non-judicial remedies may be pursued in relation to a claim after the earlier of the date that is 2 years (or 6 years in the case of aboriginal claims) after the claim is discovered and the date that is 15 years (or 30 years in the case of those aboriginal claims) after the date on which the event giving rise to the claim occurred, unless the right to sue is extended or preserved by the terms of this Bill or unless this Bill provides that a different limitation period is to apply.

BCSC Releases Updated Consolidation of Registrar's Newsletter

Courthouse Libraries of BC — Thu, 05 Apr 2012 17:05:00 GMT

The BC Supreme Court has released an updated consolidation of the Registrar’s Newsletter. The Registrar's Newsletter is "a Question and Answer resource that is used by District Registrars and Deputy District Registrars throughout the province to help clarify registry practice with respect to a number of provincial and federal statutes and the Supreme Court Civil and Family Rules."

This 110-page consolidated version is current to March 2012 and fully accounts for the new Supreme Court rules.

"Hard Data About ICBC Bodily Injury Claim Frequency and Severity"

Courthouse Libraries of BC — Thu, 08 Dec 2011 20:04:00 GMT

Stream contributor Erik Magraken has posted "Hard Data About ICBC Bodily Injury Claim Frequency and Severity" on his own blog, BC Injury Law. This post links to several documents which were filed in support of ICBC’s request for a modest insurance premium increase. According to Magraken, these documents are "worth reviewing in full for information relating to ICBC’s fiscal health."

Driver of Rear-Ended Vehicle Found Partially Responsible for PI Damages

Courthouse Libraries of BC — Fri, 04 Nov 2011 17:24:00 GMT

According to the firm Cassels Brock & Blackwell LLP, the driver of a rear-ended vehicle has been found partially responsible for injuries following a pedestrian traffic accident.

BCCA Decision Helps Clarify the Law of Causation in Personal Injury Claims

Courthouse Libraries of BC — Fri, 12 Aug 2011 18:10:00 GMT

The British Columbia Court of Appeal released Farrant v. Laktin, a decision that helps clarify the law of causation and the application of the two landmark decisions (Athey v. Leonati and Resurfice Corp. v. Hanke) in personal injury claims.

BC Supreme Court Declines Jurisdiction in Out of Province Sexual Abuse Action

Courthouse Libraries of BC — Fri, 29 Jul 2011 06:26:00 GMT

Erik Magraken's BC Injury Law and ICBC Claims Blog reports on the BC Supreme Court's recently released reasons for judgement addressing the jurisdiction of the BC Supreme Court to hear a claim involving alleged sexual abuse which took place out of Province.

BC Supreme Court Decision: Low Velocity Impact (LVI) Defence

Courthouse Libraries of BC — Thu, 04 Nov 2010 16:39:00 GMT

The BC Supreme Court, Vancouver Registry, recently released the following decision:

Hunter v. Yuan, 2010 BCSC 1526, Docket: M082326 (Personal Injury; Soft Tissue Injuries; Low Velocity Impacts; LVI)

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decision: Wage Loss and Stay-at-Home Parents

Courthouse Libraries of BC — Wed, 03 Nov 2010 18:53:00 GMT

The BC Supreme Court, New Westminster Registry, recently released the following decision:

Carr v. Simpson, 2010 BCSC 1511, Docket: M96467 (Personal Injury; Homemakers; Stay-at-Home Parents; Diminished Earning Capacity; Wage Loss)

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decision: Psychological Disturbance

Courthouse Libraries of BC — Tue, 02 Nov 2010 18:34:00 GMT

The BC Supreme Court, Campbell River Registry, recently released the following decision:

Schulze v. Strain, 2010 BCSC 1516, Docket: M8306 (Personal Injury; Psychological Injuries; Psychological Disturbance)

via BC Injury Law and ICBC Claims blog