WHAT'S ON OUR MIND

RHE’s legal team discuss our cases, timely issues, and actions you can take to make your voice heard. Whether you’re concerned about insurance reform, are dealing with an injury, or wish to be informed about your responsibilities as a property owner or pet owner, you’ll find insight here.

04/12/2014
Keith McGee Recognized for Work with Delta Hospital Foundation
04/12/2014

Keith McGee Recognized for Work with Delta Hospital Foundation

Keith, a founding partner of Jarvis McGee Rice LLP and former Canadian Air Force pilot, joined the board of the Delta Hospital Foundation six years ago and has served as its chair for the past year.

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02/17/2014
BC Court of Appeal Confirms Lifetime Yoga Treatment for Injured Working Mother
02/17/2014

BC Court of Appeal Confirms Lifetime Yoga Treatment for Injured Working Mother

In a precedent setting ruling, the BC Court of Appeal unanimously upheld the award a trial judge gave to Gloria Clark for yoga treatment until her life expectancy in the amount of $28,252.38. ICBC has long resisted paying injured victims for yoga treatment for soft tissue injuries. The BC Court of Appeal explained the trial judge made no error of legal principle in finding on the medical evidence and the testimony of Ms. Clark that yoga assisted her in managing the chronic pain she suffered after a car crash.

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02/10/2014
Watch Out! Occupier’s Liability in British Columbia
02/10/2014

Watch Out! Occupier’s Liability in British Columbia

In British Columbia, owners of homes and cabins must ensure that their premises are reasonably safe for guests. This duty is set out in the BC Occupiers Liability Act. At the same time we all, as guests at someone else’s home, have a duty to take reasonable care for our own safety, even if the premises are unsafe.

In some cases when a person is injured as unsafe premises, fault for the injury will be divided between the owner of the home (who should have made it reasonably safe), and the injured guest (who should have been more careful). One recent example is the decision of Supreme Court Justice Dardi in a case called Doucette v. McDaniel 2014 BCSC 42.

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01/22/2014
Couple to Pay ICBC Over $200,000 for Willfully False Statements
01/22/2014

Couple to Pay ICBC Over $200,000 for Willfully False Statements

In a recent decision by Mr. Justice Grauer, a couple was ordered to pay over $200,000 in damages to ICBC for making wilfully false statements following a motor vehicle accident.

In ICBC v. Panag, the Defendants were involved in a collision in 2006. The Defendants and the other driver disagreed about how the accident happened. The Defendant claimed to have found an independent witness to the accident who supported the Defendants’ version of events; however, the witness turned out to be a friend of the Defendants. ICBC conducted an investigation and claimed that the Defendants had made two wilfully false statements to ICBC about how the accident happened, and had conspired to deceive ICBC about the status of the “witness” to the accident.

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01/22/2014
Yoga Confirmed as a Medically Justified Care Expense

Yoga Confirmed as a Medically Justified Care Expense

In the recent decision of Clark v. Kouha, Ms. Justice Powers confirmed that yoga was a medically justified care expense for a plaintiff suffering from chronic pain, and was recoverable as both a special damage and a cost of future care.

The Plaintiff, represented by John Rice and Jon Harbut of our firm, used regular yoga as part of her chronic pain management following a 2006 motor vehicle accident. Counsel for ICBC argued that the plaintiff should not be entitled to recover the cost of yoga and should not be awarded the cost of yoga treatments in the future.

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12/10/2013
YOUR MEDICAL HISTORY MATTERS BECAUSE…
12/10/2013

YOUR MEDICAL HISTORY MATTERS BECAUSE…

In the world of insurance there are really only three ways for an insurer to defend any claim.

The first and simplest way for an insurer to avoid payment is to be able to say that you are the one responsible for your injuries and so you cannot look to them for compensation.

The second way, and this applies in every case, is for the insurer to argue that your injuries are not that serious and so these injuries warrant very modest compensation.

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12/10/2013
THE "LOW VELOCITY IMPACT" LETTER

THE "LOW VELOCITY IMPACT" LETTER

After an accident, crash victims will report the accident to Dial-a-Clam at ICBC. They will be asked to either take their car into a claim centre to have it looked at or to take it to the authorized repair facility of their choice. For those who have been injured in the crash, visits to the doctor, chiropractor, physio-therapist, and massage therapist can start. THEN THE LETTER COMES!

“the information currently available to ICBC, including the minimal nature of the impact forces involved in the collision, as well as your physical condition at the time of the accident, has led us to believe that the accident did not result in any compensable injury”

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12/10/2013
Changing Perception of Concussions in Sports

Changing Perception of Concussions in Sports

On March 2, 2013, a panel on injury analytics at the MIT Sloan Sports Analytics Conference brought together some of the world’s leading sports medicine doctors and specialists.

On the topic of concussions, the panelists emphasized how modern sports techniques for diagnosing concussions (such as counting fingers or determining whether a player lost consciousness) were inadequate given current understanding of concussions and brain injury.

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