Another McComb Witten Trail Win

ICBC often tells people that there is not enough damage to their vehicle, so ICBC is not going to consider compensation for the person (ICBC calls this a LVI or low velocity impact claim). This position can be a real hardship for some people who have actually been injured in an accident.

I recently did a trial for such a case, Eom v. Chand, reasons unpublished.

On July 6, 2011 Justice Leask provided oral reasons for the trial. Until days before the trial, ICBC refused to make any offer to Ms. Eom. When the judgment came in, it was for 12 times what ICBC finally did offer. At trial, ICBC said that Ms. Eom recovered within two months of the accident. The problem with that theory is that the evidence of physiotherapist, Angelica Reeve (who Justice Leask called the most impressive physiotherapist he has had testify before him). She was highly trained with a Master's degree from one of the top universities in the world and Angelica testified that she could feel that the joints in Ms. Eom's neck were not moving properly when she treated Ms. Eom. ICBC's theory also did not take into account the fact that Ms. Eom's doctor told the judge that she thought Ms. Eom was only 50-60% recovered at the time of the trial.

ICBC attacked the credibility of my client, her doctor, the physiotherapist. None of the attacks had any merit, but these are the tactics that people often face when in trial. ICBC never came up with any theory that factored in the fact that Ms. Eom, her doctor, and her physiotherapist, may actually have been telling the truth.

In the end, ICBC told the judge that her claim was worth as little as $2000 dollars. Ms. Eom had more in "out of pocket expenses" than that. Justice Leask awarded Ms. Eom $132,042.20 for this so called "LVI denial".

I don't think that the people at ICBC are bad, in fact I have quite a lot of respect for many of the people I deal with at ICBC. Sometimes, however, the bureaucracy of the ICBC machine can squash you unless you have the will and tools (including a good lawyer) to fight for your rights.

Congratulations to Ms. Eom who had that courage to withstand these attacks and candidly tell the judge her story.

By the way, if you are looking for a good physiotherapist in North Vancouver, I can recommend Angelica Reeve at 19th Street Physiotherapy 604-988-5221.

Check out my new updated blog at:

http://personal-injury-lawyer-vancouver.blogspot.com/

HST in BC

During the last federal election, I was asked by the Vancouver Sun to participate in an online blog "Family Matters" dealing with political issues from a family perspective.  Following that, the Vancouver Sun asked us to participate in a story theywere preparing on the HST.  We were asked to keep our receipts for a few weeks to see how the HST was impacting our spending.

A few weeks ago the story ran in the Vancouver Sun.

http://www.vancouversun.com/news/Family+feels+fatigue+sees+some+merit/4998628/story.html

 As I was looking at my ballot yesterday, I was still not sure how I was going to vote.  I see the merit to switching to one tax.  I think the government treated the people of BC with disdain in the way that they implemented it.  The government is still engaged in serious fear mongering and distribution of (at best) slanted information.  The HST was a clear cash grab and hidden transfer of tax burder from business to individuals.  The Fight HST side has shown itself to be little more than an aging former politician who is having a glorous run in the spotlight.

The most persuasive information on the HST (and I think factually honest) is a u-tube video by UBC law student Chris Thompson.  Congrats to Chris (who I don't know and never met) for producing something that appears to be information without a political swing.  If you have not seen the video, check it out.

http://www.youtube.com/watch?v=nZXu3LXNwEg

For me, perhaps the deciding factor was Bill Vander Zalm's thoughtless and hollow response to Chris's compelling video.   Vander Zalm essentially resorted to childish name calling.  The answer seemed to me to be illogical and vain.  It did more to discredit Vander Zalm's message than a substantive answer.  In fact, it made me realize that there probably wasn't a substantive answer to Chris's criticisms.  Here is Vander Zalm's response:

http://www.youtube.com/watch?v=rO1NjpqWDIU&feature=related

Decide for yourself!!

Need a Physiotherapist in North Vancouver?

In an oral judgment for a ICBC claim for a Vancouver car accident, Justice Leask commended the knowledge and skill of physiotherapist Angelica Reeve of 19th Street Physiotherapy.  Justice Leask confirmed my own opinion of Ms. Reeve when he described her as "extremely professional and thorough."  He went on to say that he accepted her evidence without reservation.

To Ms. Reeve's credit, Justice Leask described Ms. Reeve as the best physiotherapist that he ever had testify in his court.

I can confirm that Ms. Reeve was impressive in her knowledge and had a passion for her work.  Although I have never been a patient, I can say without hesitation that anybody looking for a good physiotherapist in North Vancouver would be well served to give Angelica Reeve a call at 19th Street Physiotherapy.

To make it easy, here is the contact info:

19th Street Physiotherapy
224 West 19th Ave, (the office looks like a house, but it really is the office)
North Vancouver
604-988-5221

Check out the website:

http://www.19physio.com/staff.html

Creating New Law

As a vancouver personal injury lawyer or a litigator in general, it is always a little satisfying to create new law...even if it is simply an incremental change in the law for the better.  Yesterday, in an oral judgment following a trial, Justice Leask moved the law forward in a very helpful way.

Under the Rules of Court in BC, it is very hard to obtain admissions of fact from another side.  There are very few tools to force the other side to make reasonable admissions of fact.  When a party has been found to unreasonably deny facts, the court can award as punishment costs against the unreasonable party.

In the past, the courts in British Columbia have only awarded a complete set of costs as punishment or no costs because the conduct was not bad enough to justify such a harsh penalty.  For some reason, despite having complete discretion to award any amount as costs, courts have not awarded a "slap on the wrists" amount for costs to encourage reasonable admissions.

Additionally, the court has traditionally only looked at lost or wasted court time as a measure for costs.  Considering that only 1% of ICBC claims go to trial, extra burden on the other party ought to be a factor to consider rather than simply lost court time.

In the decision yesterday in Eom v. Chand (as yet unpublished), Mr. Justice Leask awarded $1000 against ICBC as costs for unreasonably denying facts until mid trial.  The unreasonable denial did not take up much court time, but did put the plaintiff at quite a burden.

It is not an earth shattering change in the law, but it is a step in the right direction.

Diminished Housekeeping Capacity

In my last post before taking a hiatus (November 2006), I wrote about how the law is changing to better reward unpaid housework which is largely performed by women.  Since then I have done two trials where loss of housekeeping capacity formed a significant part of the award.

In O'Rourke v. Everett, 2009 BCSC 1277, the judge awarded my client $18,720 for loss of housekeeping capacity.  The replacement work was performed by her husband.  The law does not, nor should it, require that the work be paid for by an outside provider.  The logic is that wealthy people can afford to replace the loss of housekeeping services, where modest income people could not.  Therefore the rich would be receiving better treatment under the law. In reality, that statement is probably true, however, our courts in British Columbia strive to develop case law consistent with equality values in the Charter of Rights and Freedoms.  Read the case for yourself:

http://www.courts.gov.bc.ca/jdb-txt/SC/09/12/2009BCSC1277.htm

In Grewal-Cheema v. Tassone, 2010 BCSC 1182 the judge awarded $12,000 for loss of childcare services for the time that Ms. Grewal-Cheema was attending rehabilitation treatments.  Ms. Grewal-Cheema's husband rearranged his schedule to look after their child while his wife was at treatment.  The loss, however, is Ms. Grewal-Cheema's and not the husband's.  This type of claim is easy to overlook, but can be the difference between winning and losing a case.  Here is a link:
http://www.courts.gov.bc.ca/jdb-txt/SC/10/11/2010BCSC1182.htm

To my colleagues - I encourage you to push the law to drive towards equality.

To my clients - I give you my committment to know the law and search out evidence with you to prove all elements of your ICBC claim.

Adjustable height desk

When I moved my practice to McComb Witten, I purchased an adjustable height desk.  Having used it now for a while, I can easily say it is one of the best purchases I've made in a long time!

I bought the frame only from Geekdesk.  It comes with an electric motor which raises the height of the desk to any convenient level.  I can go from sitting to standing in about 20 seconds. 

For the desk top, I purchased a Gallant table top from Ikea and mounted it with some screws.  To give me some extra desk space, I purchased an extender and a separate 3 foot table top with stationary legs (my phone, head set and other items remain on the non-adjustable part of the desk).  Total desk space is about 78in x 78in L-shaped desk.

The desk does, however, have some limitations.  A coworker came into my office and abruptly leaned heavily on the extender which is not supported.  The extender gave way pretty quick in a rather large crash.  I had to remount the extender, but I haven't had any problems since.

I'm into the desk for about $1250 Cdn.  There are other options for a three legged adjustable height desk at Ergodepot which look to cost about $3000.  Considering how much I like my adjustable height desk, either would be a good option.  The Ergodepot desk would be a little more stable if someone leaned on it!!!

Personally, I go from sitting to standing about 2 times a day, with some days all sitting - some days all standing.  I found my posture improve within a few weeks!

PT Health Physiotherapy

I would like to thank all of the physiotherapists that came out for the presentation on giving evidence at trial in a vancouver personal injury claim.

It is a testiment to the committment to their clients that PT Health and their physiotherapists are learning the skills needed to help their patients.

If you need a physiotherapist for your car accident in Vancouver, Burnaby, Surrey, Squamish, I can recommend the committed people at PT Health.