As of May 1, 2021, British Columbia has moved to a no-fault system. BC residents are entitled to receive benefits for their injuries and wage loss after a motor vehicle crash regardless of who is at fault. An injured person, in most cases, will no longer recover damages from an “at-fault” driver through a law […]
Read more "Part 7 Accident Benefits – Must be “necessary”"This is truly remarkable news to see the recent publication made by the Canadian Association of Nuclear Medicine (please see below for article and published guidelines). As noted, these technical guidelines are the first published by any expert society globally in a decade. I am very proud to work with some of the medical specialists […]
Read more "LANDMARK PUBLISHED DECISION: BRAIN SPECT"The Law Times has published an article dated May 13, 2021 By Mallory Hendry – entitled Mapping “invisible injury” of the brain. The sponsored article is by David McDonald, a personal injury lawyer at Thomson Rogers LLP and is enumerated here: David MacDonald, a personal injury lawyer at Thomson Rogers LLP, shares his experience in […]
Read more "SPECT Scans – Game Changer for Mild to Moderate Brain Injuries"Article by Priscilla Cicek – SPECT scans at trial Published by The Lawyer’s Daily, part of Lexis Nexis Canada Inc. Personal Injury How do you approach case dealing with mild traumatic brain injury? (December 15, 2020, 2:21 PM EST) — In our previous article “Considerations for Concussion/Mild Traumatic Brain Injury Cases” we commented that, “There is […]
Read more "Use of SPECT at Trial / mTBI Cases"We have previously written an article on the topic of whether a private MRI should be funded by an insurer. The article referenced Ieraci v. Gallo, 2016 BCSC 1611 and raises the issue of whether a privately funded MRI ought to be paid as a special damage by the Defendant when a publicly-funded MRI is […]
Read more "Private MRI vs. Public MRI – Reimbursement"When presenting a claim on behalf of your client for past and future income loss, there are a number of matters to focus on and we have enumerated a list of some key questions to consider. This article is based on a recent published trial decision in which the Plaintiff suffered soft tissue injuries caused […]
Read more "PAST AND FUTURE INCOME LOSS / REVIEW"If you have an iPhone, this case may interest you. This recently posted reasons for judgment concerns an application to the Court for an Order to amend an existing Notice of Civil Claim in a proposed class action pertaining to the battery life of Apple iPhone batteries. The case is referenced as Crema v Apple […]
Read more "PROPOSED CLASS ACTION – APPLE IPHONE BATTERIES / AMENDMENT PRINCIPLES"Under the Civil Resolution Tribunal, a decision has been published – it is the only one under Minor Injury Determinations. It is referenced as Naqvi v. ICBC, 2020 BCCRT 995 published on September 4, 2020. I have spoken to many individuals in the last few months that have indicated that they have spoken to a […]
Read more "CRT – Minor Injury Determination"For ease of reference, the amendments to Rule 11-8 of the BC Supreme Court Rules were deemed unconstitutional. Review our detailed article on this topic Rule-11-8 “Unconstitutional and of no force or effect.” These are updates for ease of reference, which include Bill 9 Evidence Amendment Act, 2020. Evidence Act amendments February 6, 2020 The […]
Read more "Bill 9 – 2020: Evidence Amendment Act, 2020"A recent BCSC decision awards a man $9,076,854.19 for a serious brain injury he sustained on Jan. 31, 2014. The accident occurred on the Coquihalla Highway, which is never a pleasant drive in Winter conditions. Mr Uy was only 39 years old at the time of the collision, leaving him with significant cognitive difficulties. The […]
Read more "Over 9 Million Awarded for Serious Brain Injury"