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Effect of Video Surveillance on Assessment of Damages
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.
Court Considers Criteria For Awarding “Scale C” Costs
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. Y., which dealt with a motor vehicle accident involving a police officer responding to an emergency call, was the subject of a past blog entry on contributory negligence and liability, available here.
Plaintiff’s Claim For Interest on Disbursement Financing Disallowed
A previous blog entry (available here) 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. In that case, Registrar Cameron declined to award the full amount of disbursement financing, instead making “allowance for disbursement interest based upon Registrar’s rates with the calculation of the total amount to be akin to the calculation of interest payable on special damages pursuant to the relevant provisions of COURT ORDER INTEREST ACT” (at para. 75).
Court of Appeal Finds Massage Therapy a Mandatory Part VII Benefit
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”).
Plaintiff’s Claim Struck For Failure to Prove Liability of Unidentified Driver
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 trial was a result of an action filed by Cesar Paguio, to establish liability for the serious head injury he suffered in an auto accident on February 28, 2010. At the time of the accident, Mr. Paguio was driving his motor scooter in the right hand lane along Knight Street, in Richmond. He suddenly crossed into the left lane occupied by a Volkswagen, operated by Mr. Fraser, striking Fraser’s vehicle in the area of the right front wheel well and tire.
Damages Not Reduced Based on a Lack of Doctor Visits
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. After she was injured, the Plaintiff decided not to burden the medical system with unnecessary visits to physicians who would give her little or no further advice other than what she had already received and followed.