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The appeal is dismissed because the appellant failed to demonstrate a legal or palpable and overriding error in the trial judge's credibility and reliability findings; appellate courts will not reweigh evidence or substitute their view for a trial judge's findings of fact.
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Section 6(2)(b) establishes an evidence-based, contextual test requiring proof that, as a result of the accident, the insured suffers a complete inability to engage in any employment for which they are reasonably suited by education, training or experience; factors such as competitive real-world availability, nature, status and remuneration of alternative work inform that analysis but are not independent or mandatory elements; the onus to prove entitlement rests on the claimant and, on the record, the Adjudicator and Divisional Court correctly applied the test and the appeal must be dismissed.
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The court found the plaintiff wholly responsible for a Vancouver left-turn collision, holding she failed to yield to oncoming traffic that posed an immediate hazard.
Both drivers breached their duty of care by being on or slightly over the centre yellow lines at the time of collision; liability is apportioned 50/50. The plaintiff’s back and knee injuries are within the statutory definition of sprain/strain and have not been proven to constitute a 'serious impairment' outside the minor injury cap, therefore general damages are capped. Awards are made for loss of housekeeping services and future care; no award for loss of future earning capacity. Expert reconstruction evidence was given limited weight due to methodological imprecision but accepted as suppor…
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The court held that s. 83(5.1) of the Insurance (Vehicle) Act bars considering uncertainty in future benefit payments for post-May 17, 2018 accidents.
The court stayed Mr. Mohiuddin’s claim pending CRT determination and struck Ms. Tiwari’s claim with leave to amend, finding the pleadings incomplete and partly barred by the tribunal scheme.
The court found the defendant driver fully at fault for a lane-change collision, but held the plaintiff did not prove the 2017 strokes were caused by the crash.
The court excluded a functional capacity/cost of future care report and an economist report under s. 5(6) of the Regulation, finding the plaintiff met the statutory criteria.
On a costs assessment in a personal injury action, the Registrar applied British Columbia expert-evidence limits and reduced several disbursements and tariff items.
The Court of Appeal dismissed leave to appeal from an arbitration award on underinsured motorist protection, finding no extricable question of law.
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