Mark G. Carter
Personal Injury & ICBC Lawyer in Vancouver
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Blog | Personal Injury Lawyer Vancouver

Calling a Witness Not Listed in a Witness List

In personal injury actions, it is most often the defence that seeks to call such a witness, as defence work entails a lot of investigation, which may reveal potential witnesses. This investigation may be ongoing after the Trial Management Conference (and, therefore, after the Trial Briefs are served) or even after any amended witness lists are served.

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Mark Carter
No Contracting out of Liability for Motor Vehicle Accidents

In 2012, the B.C. Court of Appeal’s decision in Loychuk v Cougar Mountain Adventures, [2012] BCCA 122 confirmed that people who knowingly and voluntarily engage in inherently risky recreational activities will be precluded from suing a commercial operator where they signed a release waiving claims in negligence. Such releases were held to be neither unconscionable, nor against public policy.

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Mark Carter
The Two Types of ICBC Injury Claims

When people are injured in a motor vehicle accident in British Columbia, they may make one or two types of claims, depending on who is at fault for the accident: 1) a Part 7 claim and 2) a tort claim. If an injured person is at fault for the accident, he or she will only be entitled to “accident benefits” (e.g. compensation) pursuant to Part 7 of the Insurance (Vehicle) Regulation. On the other hand, if an person is injured through the fault of another, then he or she is entitled to both Part 7 benefits and a remedy in tort.

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Mark Carter