We will review an Alberta Court of King’s Bench decision, published on March 14, 2023 referenced as Couch v Olatiregun, 2023 ABKB 104 (CanLII). This was a case involving a rear end collision which occurred on April 13, 2017. The Defendant, who was unrepresented, and did not attend the trial, was found 100% at fault […]
Read more "Minor Injury Assessment in Alberta"Have you assessed claims involving the new definition of “minor injury” in Alberta as documented under the Minor Injury Regulation, Alta Reg 123/2004? It is important to review the new regulations and also review the format of analysis. A recent decision referenced as Jackson v Cooper, 2022 ABKB 609 (CanLII) reviews “chronic pain” under the […]
Read more "Minor Injury Regulations, Alberta"Past and Future Loss of Earning Capacity/Loss of Competitive Advantage Our article today will focus on the issue of loss of earning capacity (past and future) and loss of competitive advantage, which is before the Courts in this recent decision from the Court of King’s Bench in Alberta. This key issue in this case is […]
Read more "Past and Future Loss of Earning Capacity / Loss of Competitive Advantage"When involved in a motor vehicle collision, a finding of fault will be determined by ICBC. If you disagree with the assessment of fault, the option is to dispute it through the Civil Resolution Tribunal. CRT Jurisdiction – as noted on the CRT Website: The CRT can resolve certain motor vehicle injury disputes. There are […]
Read more "Civil Resolution Tribunal – Liability Dispute"This is a Small Claims Dispute ($5,000) in the Civil Resolution Tribunal “CRT” on the topic of liability. This article will review a Small Claims Dispute on the issue of liability in which ICBC initially assessed fault at 50 – 50. The driver/applicant of one of the vehicles did not agree with the liability decision […]
Read more "CRT Small Claims Dispute – Liability"This was a successful appeal from a trial decision in which the trial judge’s standard was deemed too high in concluding that a “permanent serious impairment” had not been met. This article will provide a brief overview of the well-known Ontario Court of Appeal decision dealing with the issue of whether a “permanent serious impairment […]
Read more "High standard “permanent serious impairment” Appeal allowed"Here is a key decision in Alberta referenced as Benc v. Parker, 2012 ABCA 249 which provides a great overview of the Minor Injury Regulation in Alberta. The Court allowed the appeal in this case in part and concluded that the Plaintiff satisfied the requirements of s 9(1) of the Minor Injury Regulation, Alta Reg 123/2004 (“the Regulation”). […]
Read more "The Operation of the Minor Injury Regulation / Alberta"As the BC Government has introduced legislation that will impact motor vehicle accident claims by introducing a CAP on minor injuries, it is helpful to review the language in the legislation of other Provinces (specifically Ontario and Alberta) as it pertains to the definition of “serious impairment”. This article will review the law as it pertains […]
Read more "“Permanent Serious Impairment” / Ontario"This is an important decision from the Court of Queen’s Bench of Alberta referenced as Jones v. Stepanenko, 2016 ABQB 295 (CanLII). The Plaintiff in this case was 19 years of age. She was involved in a serious collision when she was rear-ended by an SUV, causing 12,000 damage to the Defendant vehicle. The Plaintiff’s […]
Read more "“Minor Injury”, “Serious Impairment” and “Fibromyalgia” Learn More!"