Author Archives: David Klein

How much is whiplash worth: Judge states that she must “exercise caution” during whiplash case.

  http://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc1138/2016bcsc1138.pdf In the above noted case, a plaintiff was awarded considerably less than she had claimed for a whiplash injury. The judge, in deciding how much this whiplash case was worth, stated that she would have to “exercise caution” in assessing this claim. This injury, like in many whiplash claims, was not objective. As […]

Recent Supreme Court of British Columbia case illustrates the need for competent legal representation.

  http://www.courts.gov.bc.ca/jdb-txt/sc/16/09/2016BCSC0948.htm This case featured a plaintiff with injuries arising from two accidents: one occurring on August 27, 2010; and the second on September 1, 2010. These two accidents occurred less than a week apart and almost 6 years ago. The plaintiff was alleging that these accidents had resulted in soft tissue injuries to his neck, shoulders, […]

Hit and Run Witnesses Needed for Incident in the East Vancouver / Commercial Drive Area.

  I am looking for witnesses to a motor vehicle collision, which occurred on January 19, 2016 at approximately 4:00 PM. A young lady was riding a skateboard southbound on Commercial Drive in the City of Vancouver. She stopped at the intersection with 12th Avenue on the east side of the street for a “Don’t Walk” […]

Penalty for “Distracted Driving” in British Columbia more than doubles.

  http://www.cbc.ca/news/canada/british-columbia/bc-distracted-driving-law-change-1.3573249 The British Columbia government is increasing the minimum penalty for distracted driving by more than double, to $368. Additionally, offenders will have to pay off penalty points on their driving records. The added penalties for points will range from 4 points, with a value of $175, for first offenders to as much as […]

ICBC Appeals Large Punitive Damage Award.

  http://www.courts.gov.bc.ca/jdb-txt/ca/16/01/2016BCCA0178.htm As covered in a previous article, the Supreme Court of British Columbia awarded a $350,000 punitive damage award against ICBC. The courts used various adjectives to describe the conduct of ICBC and its employees, including:  highhanded, reprehensible, and malicious. The courts found that the behaviour of ICBC was heavy-handed, and they had attempted to […]

Soft tissue injuries develop into chronic pain disorder and severe psychological injury: plaintiff awarded $984,167 in damages.

  http://www.courts.gov.bc.ca/jdb-txt/sc/16/06/2016BCSC0692.htm Of note in this case was not only the large overall award, but the relatively large award for pain and suffering (AKA non-pecuniary damages) of $170,000. This award acknowledges the severe affect chronic pain syndromes and psychological injury can have on a plaintiff’s life. The judge in this case noted the plaintiff’s inability […]