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The court held that the pre-amendment Insurance (Vehicle) Act applied to indivisible injuries and allowed ICBC to deduct $130,639.08 from the jury award.
Trial judgment in two motor vehicle actions: Wong’s claim was dismissed, and Behnke was held fully liable for Pannu’s injuries and damages.
The court extended time to challenge a jury notice but declined to strike it, finding the personal injury issues were not too complex for a jury.
The court ordered two independent medical examinations and extended expert report deadlines, but adjourned the trial-adjournment application for later review.
The court assessed damages after a rear-end motor vehicle accident, finding chronic pain, headaches, and psychiatric sequelae, and awarding damages with a 10% reduction for a later accident.
The court held that two admitted rear-end collisions caused indivisible chronic soft-tissue injuries, awarded damages of $334,970, and granted costs.
The court denied a defendant’s application to have two motor vehicle actions tried together, finding the later accident caused minimal overlap and that delay would prejudice the plaintiff.
The court refused to vary a prior costs order, holding that the plaintiff remained the successful party overall and was entitled to costs throughout the proceedings.
The court ordered limited production of prior settlement documents in a motor vehicle case, finding them relevant and necessary to address alleged indivisible injuries and double recovery.
The court assessed damages for injuries from a motor vehicle collision, finding the plaintiff’s left shoulder and neck injuries indivisible and awarding total damages of CAD 416,313.80.
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