Disbursements and Expert Evidence Regulation

6% Cap on Case Expenses for Car Accident Claimants: Case Review

Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…

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Nursing Staff Negligent for Failing to Provide One‑to‑One Supervision

In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of…

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ICBC’s Minor Injury Defense Fails to Stay Lawsuit

In this personal injury case, Ross v. Hammer, 2023 BCSC 2306  the defendants sought a stay on the injury claimant’s Supreme Court lawsuit until the Civil Resolution Tribunal (CRT) determined whether the injuries from a motor vehicle accident were minor as per the Insurance (Vehicle) Act. The CRT’s jurisdiction over this matter, as outlined in…

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Disbursements and Expert Evidence Regulation

Case Expenses Excluded from the 6% Disbursement Cap

In the first reported 6% disbursement cap case,  Nagra v. Prasad,2023 BCSC 2297 the plaintiff sought an exclusion of disbursements under the Disbursements and Expert Evidence Regulation, B.C. Reg. 31/2021. The regulation, effective November 27, 2023, capped disbursements at 6 percent of a plaintiff’s total damages, requiring applications to exclude disbursements before they are incurred.…

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ICBC Denied Minor Injury Cap Defence

In this personal injury case the car accident occurred in February 2021. The plaintiff alleged severe and ongoing injuries affecting her ability to work as a registered nurse.(Wiggins v. Yokota 2023 BCSC 219) The ICBC lawyer originally on the case did not plead the Minor Injury cap as a defense. The new lawyer sought to…

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6% Cap on Injury Victim Case Costs Brought Back by NDP

Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…

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Witness Testimony and Constructed Emotions: A New Way to Understand Credibility

  The interpretation of witness evidence plays a pivotal role in shaping the outcome of many injury cases. Understanding the emotional states and intentions of witnesses can be a crucial factor in assessing the credibility of their testimony. Our discussion of the theory of constructed emotions provides valuable insights for lawyers when interpreting witness evidence.…

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Civil Rule Changes for Trial Briefs and Email Service

Attorney General announces changes to Supreme Court rules On July 10, 2023 amendments to the Supreme Court Civil Rules and Supreme Court Family Rules were announced. The proposed changes aim to refine and clarify the rules governing civil proceedings in British Columbia, addressing aspects such as addresses for service, trial briefs, trial management conferences, and…

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ICBC Cannot Deduct Loss of Housekeeping Capacity

ICBC homemaking benefits versus loss of housekeeping capacity ICBC, as a government auto monopoly, has special legal rights. These rights allow ICBC to deduct benefits they pay from any court award against a guilty driver. This means that car accident victims obtaining court awards against at fault drivers must deduct ICBC benefits from their money…

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Future Loss of Income Claim Reduced by Court of Appeal

  Personal Injury Claim for Loss of Future Earnings This claim involved a car accident which occurred in 2014, before the ICBC No-fault changes. British Columbia’s are now legally restricted from suing guilty drivers for  accidents after May 1, 2021. These changes were introduced by the NDP government to increase the profits of ICBC, a…

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