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British Columbia Motor Vehicle Accident Claims Practice Manual

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Everything you need to know about motor vehicle accident claims in BC

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

Look no further for a manual that comprehensively covers motor vehicle accident (MVA) litigation in BC. Senior members of the bar call BC Motor Vehicle Accident Claims the “go-to” resource for researching the extensive range of legal and practice issues that arise in MVAs. From commencing an action to subrogation, this manual gets you to pithy discussion of the key issues, forms, and cases related to your question quickly. Each year, leading members of BC’s plaintiff and defence bar select and analyze only the most significant new cases to include in the annual update.

With this resource, you will be able to:

  • understand the broad context of legal issues in MVA claims
  • efficiently get to the leading cases on MVA legal issues specific to your client’s case
  • conveniently refer to over 60 of the most commonly used MVA forms and precedents in one place

Buy your copy of this personal injury partner in practice today!

BC Motor Vehicle Accident Claims Practice Manual

Read a sample from the book

Features and Highlights

Features of the publication

  • complete set of forms and precedents
  • checklists
  • regular updates
  • tables of cases, statutes, and concordance
  • comprehensive index
  • convenient looseleaf format with tab indexing
  • online access to electronic version with hyperlinks to primary law

Highlights of the 2018 update

  • discussion of significant BC Court of Appeal and BC Supreme Court decisions over the past year
  • decisions on damages, including apportionment of damages where injuries are indivisible, punitive damages, mitigation, and future care costs
  • discussion of the Supreme Court of Canada’s decision on damages for nervous shock and evidence required to prove psychological injury
  • developments regarding discovery including privilege, further independent medical examinations, and discovery obligations
  • recent cases considering when an offer to settle will support an award of double costs, and whether an award of special costs is warranted
  • legislative updates, and revised forms and precedents

Contributors

Editorial Board

Sandra M. Katalinic — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
Alison L. Murray, QC — Murray Jamieson, Vancouver
A.C. Richard Parsons — Collette Parsons Harris, Vancouver
Michael J. Slater, QC — Slater Vecchio LLP, Vancouver
Donald W. Yule, QC — Guild Yule LLP, Vancouver

Authors

Ian D. Aikenhead, QC — Aikenhead Moscovich & Jones, Vancouver
Russell J. Bailey — Guild Yule LLP, Vancouver
John Bradbury — Heath Law LLP, Nanaimo
Nicole Cederberg — Heath Law LLP, Nanaimo
Janet Crnkovic — Insurance Corporation of British Columbia, Nanaimo 
Luke Dineley — Borden Ladner Gervais LLP, Vancouver
Philippa Estall — Office of the Public Guardian and Trustee, Vancouver
C. Richard Fister — Swadden & Company, Vancouver
Megan Griffiths — Lindsay LLP, Vancouve
Steven H. Heringa — Paine Edmonds LLP, Vancouver
Jonathan L.S. Hodes — Miller Thomson LLP, Vancouver
Christopher J. Hope — Lindsay LLP, Vancouver
Bianca C. Jaegge – Guild Yule LLP, Vancouver
Karen E. Jamieson — Murray Jamieson, Vancouver
Sandra M. Katalinic — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
Scott Macfarlane — Insurance Corporation of British Columbia Corporate Law Department, North Vancouver
David Newell — Workers’ Compensation Appeal Tribunal, Richmond
Andrew Roznicki  — Workers’ Compensation Appeal Tribunal, Richmond
Michael Thomas — Harper Grey LLP, Vancouver
Christopher J. Trueman — Paine Edmonds LLP, Vancouver
Saro J.Turner — Slater VecchioLLP, Vancouver
Donald W. Yule, QC — Guild Yule LLP, Vancouver

Table of Contents

Chapters

  1. Preliminary Matters
  2. Commencing an Action
  3. Workers’ Compensation Considerations
  4. Discovery
  5. Part 7 Benefits
  6. Unidentified Motorists
  7. Uninsured Motorists
  8. Underinsured Motorist Protection
  9. Optional Insurance Contracts
  10. Defences
  11. Out-of-Province and Excess Insurance
  12. Mediation, Summary Trial, and Settlement Conferences
  13. Assessment of Damages
  14. Family Compensation Claims
  15. Settlements for Minors
  16. Structured Settlements and Judgments
  17. Costs and Interest
  18. Recovery and Subrogation

Forms and Precedents

  1. Preliminary Matters
  2. Commencing an Action
  3. Workers’ Compensation
  4. Discovery
  5. Part 7 Benefits
  6. Unidentified Motorists
  7. Mediation, Summary Trial, and Settlement Conferences
  8. Family Compensation Claims
  9. Settlements for Minors
  10. Structured Settlements and Judgments
  11. Recovery and Subrogation

Checklists

  1. Personal Injury Plaintiff’s Interview or Examination for Discovery
  2. Plaintiff’s Examination of Defendant Driver in Motor Vehicle Accident Action
  3. Defendant’s Examination of Plaintiff Driver in Motor Vehicle Accident Action
  4. Defendant’s Examination of Surviving Spouse in Family Compensation Action
  5. Preparation of a witness for an Examination for Discovery

Limitation Periods

Tables
Table of Concordance
Statute Table
References
Subject Index

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“Michael Slater, QCThe BC Motor Vehicle Accident Claims Practice Manual is an indispensable resource I use nearly every day. The online version lets you browse and search the whole manual quickly and easily, with links to the cases cited. This manual keeps me updated on recent case law and practice developments. It is my ‘partner in practice’ and my go-to resource for everything I need to know about personal injury litigation in BC.”

~ Michael Slater, QC, Slater Vecchio LLP

Alison Murray, QC“The BC Motor Vehicle Accident Claims Practice Manual is rightfully known as ‘the bible for personal injury lawyers’. I have practised personal injury law for 35 years and still consult it weekly. The only frustrating part is that even though we have two copies at my firm of six lawyers, I can never find it in our library, because it is always in someone else’s office being used! You should not practice personal injury law without this manual, even if you’re not doing car accident claims.”

~ Alison Murray, QC, Murray Jamieson Barristers & Solicitors