New and Notable - Personal Injury

BC Supreme Court Decision: Compensation for Chronic Pain

Courthouse Libraries of BC — Tue, 20 Jul 2010 14:19:00 GMT

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

Kasidoulis v. Russo, 2010 BCSC 978, Docket: M075372 (Personal Injury; Chronic Pain Disorder; Lack of Objective Injuries; Damages; Diminished Earning Capacity)

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decision: Historic Acts of Institutional Abuse

Courthouse Libraries of BC — Mon, 19 Jul 2010 10:09:00 GMT

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

Richard v. British Columbia, 2010 BCSC 773, Docket: S024338 (Personal Injury; Woodlands Residential Facility; Physical and sexual abuse; Crown Proceeding Act; Damages; Settlement)

via BC Injury Law and ICBC Claims blog

BC Court of Appeal Decision: Discovery Evidence

Courthouse Libraries of BC — Thu, 08 Jul 2010 08:40:00 GMT

The BC Court of Appeal recently released the following decision:

Duncan v. Mazurek, 2010 BCCA 344, Docket: CA036746 (Personal Injury; Examinations for Discovery; Discovery Evidence at Trial; Discovery Transcript)

via BC Injury Law and ICBC Claims blog

BC Court of Appeal Decision: Res Judicata

Courthouse Libraries of BC — Wed, 07 Jul 2010 09:13:00 GMT

The BC Court of Appeal recently released the following decision:

Innes v. Bui, 2010 BCCA 322, Docket: CA037177 (Personal Injury; Res Judicata; Issue Estoppel)

via BC Injury Law and ICBC Claims blog

Alberta's Minor Injury Cap

Courthouse Libraries of BC — Tue, 06 Jul 2010 10:18:00 GMT

In 2004, the province of Alberta passed the Minor Injury Regulation (MIR), AR 123/2004, under the Insurance Act (RSA 2000, c. I-3) which imposed a $4,000 cap on non-pecuniary damages for "minor injuries" as defined under the MIR.

Section 1(h) of the MIR defines a minor injury as a sprain, strain or a whiplash-associated disorder (WAD) injury caused by that accident that does not resolve in a serious impairment.

On February 8, 2008, in the trial decision for Morrow v. Zhang, 2008 ABQB 98, Associate Chief Justice Wittmann struck down the cap on the basis that the provisions of the Minor Injury Regulation violated the injured Plaintiffs’ right to equality under Section 15 of the Canadian Charter of Rights and Freedoms.

On June 12, 2009, The Court of Appeal of Alberta rendered a decision in the Morrow v. Zhang, 2009 ABCA 215, case. The unanimous decision, written by Madam Justice Rowbotham, held that the Alberta Minor Injury Regulation, AR 123/2004, does not violate the Charter. As a result, the Court of Appeal upheld the $4,000 cap limiting non-pecuniary general damages for injuries defined as minor pursuant to the legislation.

The respondents then filed a leave to appeal with the Supreme Court of Canada.

On December 17, 2009, the Supreme Court of Canada announced that it would not hear the Alberta Cap Challenge case.

According to James Cuming, a lawyer from Calgary, the Supreme Court of Canada's recent decision not to grant leave to appeal personal injury cap challenge cases "has crystallized the existence of the minor injury regulation (MIR) in Alberta."

David Brannen, a lawyer from Halifax, said "A key feature of the Alberta Minor Injury Regulations is that a “Certified Examiner”, rather than a judge, determines whether a person has a “minor injury” as defined by the Regulations. If the parties cannot agree on a “Certified Examiner”, then one is appointed by the Superintendent of Insurance. Both parties are bound by the opinion/decision of the Certified Examiner. The criticism of this approach is that neither party has the opportunity to challenge the opinion, qualifications and perhaps most importantly, the potential biases of the Certified Examiner. Both injured persons, and insurers, may have concerns about the impartiality or independence of certain Examiners."

BC Supreme Court Decision: Admissions Against Interest

Courthouse Libraries of BC — Mon, 05 Jul 2010 09:10:00 GMT

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

Jones v. Ma, 2010 BCSC 866, Docket: M090334 (Personal Injury; Exception to the Hearsay Rule; Adverse Admissions )

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decision: Failure to Mitigate?

Courthouse Libraries of BC — Fri, 02 Jul 2010 08:54:00 GMT

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

Trites v. Penner, 2010 BCSC 882, Docket: M105817 (Personal Injury; Inability to Afford Therapy; Non-Pecuniary Damages; Diminished Earning Capacity)

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decision: Video Surveillance

Courthouse Libraries of BC — Wed, 30 Jun 2010 08:46:00 GMT

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

Taylor v. Grundholm, 2010 BCSC 860, Docket: M085412 (Personal Injury; Torn Tendon; Non-Pecuniary Damages; Impact of Video Surveillance)

via BC Injury Law and ICBC Claims blog

BC Supreme Court Decisions: Civil Claims for Sexual Assault

Courthouse Libraries of BC — Tue, 29 Jun 2010 10:39:00 GMT

The BC Supreme Court recently released the following decisions:

R.K. v. B.R., 2010 BCSC 840, Docket: 09-1231 (Personal Injury; Sexual Assault; Jury Trial; Improper Closing Statements; Dismissal)

The British Columbia College of Teachers v. British Columbia (Attorney General), 2010 BCSC 847, Docket: S102030 (Personal Injury; Sexual Assault; Publication Ban; Disclosure of Criminal Transcripts)

via BC Injury Law and ICBC Claims blog

Ontario Proposes Artificial Caps for “Minor Injuries”

Courthouse Libraries of BC — Fri, 25 Jun 2010 10:51:00 GMT

Those who suffer minor injuries in car accidents in Ontario will now receive $3,500 worth of treatment and assessments. This would be included as part of a person's medical and rehabilitation accident benefits, whether they opt for the basic level or additional coverage.

Ontario's insurance regulator, the Financial Services Commission of Ontario (FSCO), has posted its new Minor Injury Guideline (MIG), for the purposes of the Statutory Accident Benefits Schedule (Ontario Regulation 34/10) - printed in the Ontario Gazette: March 13, 2010 (v.143, issue #11).

The MIG is issued pursuant to section 268.3 of the Insurance Act (RSO 1990, c. I8) for the purposes of the SABS. As required by section 268.3 (2) of the Insurance Act, the MIG shall be considered in any determination involving the interpretation of the SABS.

The MIG will apply to accidents that occur on or after Sept. 1, 2010.

The Superintendent's Guideline No. 02/09, also known as the Pre-approved Framework (PAF) Guideline for Grade I and II Whiplash Associated Disorders, issued in July 2009, will continue to apply to accidents that occur before September 1, 2010.

The MIG defines a "minor injury" as "a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation [a partial but not complete dislocation of the joint], and any clinically associated sequelae [symptoms following on these injuries]."

A whiplash-associated disorder is further described as a whiplash injury that "does not exhibit objective, demonstrable, definable and clinically relevant neurological signs and does not exhibit a fracture in or dislocation of the spine."

via BC Injury Law and ICBC Claims blog