BC Motor Vehicle Accident Claims Practice Manual


Product Type: Publications - Print + Online
ISBN: 1-55258-130-6
Pages: 1390
Price: $375.00


DescriptionMore DetailContributors

Get results in a motor vehicle accident claim whether acting for the insured or insurer!

This publication is essential for: personal injury and insurance defence and plaintiff lawyers.

Current to: March 1, 2015

The BC Motor Vehicle Accident Claims Practice Manual is your guide to bringing or defending a motor vehicle accident claim in British Columbia. Written and reviewed by leading members of the plaintiff and defence bar, this comprehensive guide covers all important topics that may arise in an action and is essential to your practice.

With this resource, you will have:

  • analysis of the latest law on the range of topics in a motor vehicle claim
  • practice tips on how to deal with substantive and procedural issues in the claim
  • the forms and precedents you need, available as downloads or on a CD
  • convenient checklists on procedures to follow
  • annual updates

Online access conveniently places this resource at your fingertips and is fully searchable with links to full-text cases and legislation.

ONLINE ONLY annual subscriptions are available. Subscribe now.

Highlights of the 2015 update

  • includes a description of factors to consider when making an election to bring a tort action rather than claims compensation under the Workers’ Compensation Act
  • includes discussion of all significant British Columbia Court of Appeal and British Columbia Supreme Court decisions over the past year, including cases on the following themes
    • the general duty of honest performance in all contracts, including contracts for insurance
    • the time limit for ICBC to reject claims for specific benefits under s. 96(f) of the Regulation and the onus and evidentiary burden for availability or not of paid or recoverable expenses from other insurers, hospital plan, or law
    • the evidentiary burden on the party asserting document privilege and protection of trade secrets
    • the number of representatives that can attend an examination for discovery, circumstances under which more examinations by different specialists will be allowed, and the significance of consenting to further physical examinations
    • the scope of the implied undertaking of confidentiality and the exception to settlement privilege when standard confidentiality terms exist in a mediation
    • appeals from commercial arbitration awards are confined to questions of law and fact
    • the expert’s function is to provide the trier of fact with a ready-made inference from the facts to be proven at trial
    • the evidentiary burden on a defence of contributory negligence in pedestrian accidents
    • compulsory universal automobile insurance makes contracting out of liability for damages suffered in a motor vehicle accident contrary to public policy
    • the “but for” test in law vs. medicine and clarification of causation generally
    • the reasonableness of awarding fees for investment advice to obtain a real rate of return
    • the entitlement to the various types and scales of costs
  • all features, including Chapter Commentary, and Case and Statute Tables, are current to March 1, 2015

CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca

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