In EDMONDSON v.

On December 23, 2011, the BC Supreme Court released a decision on the use of video surveillance evidence in a motor vehicle accident case. In Wilkinson v. Whitlock, 2011 BCSC 1781 the Plaintiff was injured in a 2007 motor vehicle accident in Vernon, BC. The Defendant was found completely at fault after it was determined that she drove through a red light and collided with the Plaintiff’s vehicle. As a result of the collision, the Plaintiff claimed that she suffered an injury to her back. During the trial, the Plaintiff testified about her symptoms.

On February 21, 2007, the Plaintiff was riding in the front passenger seat of a vehicle driven by her friend, the Defendant. As the Defendant proceeded through an intersection, a van broadsided the driver’s side door of her vehicle. The impact was reasonably severe and caused significant damage to the left side of the Defendant’s vehicle. Although the Plaintiff was wearing her seatbelt, she claimed that the force of the collision caused the right side of her body to strike the interior of the Defendant’s vehicle.

A previous blog entry (available here:    http://www.fraservalleyinjurylawyers.com/blogs/2011/11/16/interest-disbu...) discussed the case of CHANDI v. ATWELL, 2011 BCSC 1498 (“CHANDI”), in which recovery of financing costs on a reasonable disbursement was allowed by Registrar Cameron.

Reasons for judgment on the issue of costs relating to the trial decision of X. v. Y., 2011 BCSC 944, were released on January 13, 2012 (reported at 2012 BCSC 37). The trial decision of X. v.

In the important decision RAGUIN V. INSURANCE CORPORATION OF BRITISH COLUMBIA, 2011 BCCA 482 (“RAGUIN”), released November 29, 2011, the Court of Appeal considered the Plaintiffs’ claim that  ICBC had an obligation to pay for massage therapy benefits under Part 7 of the Insurance (Vehicle) Regulation (the “Regulation”).

On November 9, 2011, the Honourable Mr. Justice Williams of the British Columbia Supreme Court delivered his judgment in Paguio v. Fraser, 2011 BCSC 1519.

The British Columbia Supreme Court recently held that the number of visits to a doctor’s office does not determine the value of the Plaintiff’s personal injury claim. In Tarzwell v. Ewashina, the Plaintiff was injured in a motor vehicle collision in 2007 and suffered soft tissue injuries to the lower back and trapezius muscle.

Given the often expensive nature of legal proceedings, the question of whether one party will be responsible to pay the costs incurred by the other party can become highly contentious.

Problems with BC’s Graduated Licensing Program

A recent study of the Insurance Corporation of British Columbia’s graduated licensing program has revealed a problem. Although the program appears to benefit 16-year-old drivers, it may inadvertently increase the number of accidents among 18-year-old drivers.