Mussio Goodman Successful at Varying Will at Trial

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Mussio Goodman’s latest case Webber v. Sullivan, 2019 BCSC 1522 involved a deceased mother who disinherited her two daughters in favor of her two sons.

The will left the entire estate to one of the sons, the other having been provided for with a substantial gift before the mother passed away. The estate was valued at $434,000.

The case dealt with lengthy and difficult family history, with a number of complicating dynamics including allegations of child abuse. The defendant sons denied that our clients were entitled to anything from the estate. The defendants made allegations of estrangement and relied on the deceased’s will that indicated our clients were “uninvolved”.

At trial we argued that the will did not make adequate provision to our two disinherited clients. Evidence of continued contact with deceased through phone calls and visits was adduced. It was argued that the deceased had not met her moral obligation to provide something for our clients, and there was no credible evidence to suggest that our clients had done anything that would justify the deceased cutting them completely out of the will.

Madam Justice Horsman agreed, writing:

[172] Tataryn instructs that, if the size of the estate permits and there are no circumstances negating an obligation, a testator should make some provision for adult children in a will. In the present case, the size of Betty’s estate does permit some provision for the plaintiffs, and I conclude that there are no circumstances which would negate Betty’s moral obligation to the plaintiffs. In particular, the evidence does not establish any wrongful conduct on the part of the plaintiffs, or an estrangement with Betty that would justify their complete disinheritance.

As a result the will was varied 15% to provide for our clients. This case highlights that even where there is a difficult relationship between child and parent, there are moral obligations on a will-maker to provide for his or her children in the will. If you have been disinherited unfairly by your parent contact Mussio Goodman to seek your portion of the estate.

ICBC Part VII expense coverage after April 1, 2019

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There is a lot of confusion with the adjusters about how part VIIs work post April 1, 2019. There are three points:

  1. Under Part VII, ICBC will only compensate treatment expenses incurred after April 1, 2019 at “prescribed rates”, regardless of when the accident occurred;
  2. The requirement to furnish ICBC with receipts within 60 days of the service/treatment only applies to accidents that occur on or after April 1, 2019; and
  3. For accidents before April 1, 2019, the claimant can still claim “user fees” when a treatment costs more than the “prescribed rates”. However, for accidents on or after April 1, 2019 the recovery of “user fee” is no longer recoverable.

The reasons behind the above are set out below.

Section 88 deals with medical and rehabilitation benefits.  Subsection (1) outlines the benefits that must be paid by ICBC.  Subsection (1.2) provides that the benefits paid under subsection (1) must not exceed the fee limit set out in table 1 of schedule 3.1 (i.e., the new prescribed rates). :

(1.2) Subject to subsection (1.3), the benefits paid under subsection (1) must not,

(a) for each health care service referred to in subsection (1) (a), exceed the fee limit set out in Column B or C, as applicable, of Table 1 of Schedule 3.1 corresponding to that health care service,

(b) for occupational therapy, exceed the fee limit of $112 per hour, and

(c) for each health care service referred to in subsection (1) (a) that is provided by a physician, exceed the fee limit set out in Column B of Table 2 of Schedule 3.1.

Section 88.01 provides that receipts for benefits under s. 88 must be submitted to ICBC within 60 days.

Requirement for receipts

88.01   (1) If an accident occurs for which benefits are provided under section 88, the insured must provide to the corporation a receipt for the expenses incurred that will be compensated as benefits under that section no later than 60 days from the date that those expenses are incurred.

(2) The corporation is not liable to an insured who, without reasonable excuse, fails to comply with this section.

The transitional provisions for section 88 and 88.01 are at section 104.2 and 104.21 respectively.  Section 104.2 says that the new section 88 as it currently reads applies to expenses incurred after April 1, 2019 regardless of the date of the accident. Conversely, section 88.01 only applies in respect of accidents that occur after April 1, 2019.

Transitional — medical or rehabilitation benefits

104.2   Section 88 as it reads on April 1, 2019 applies in relation to medical or rehabilitation benefits payable under section 88 for expenses incurred on or after April 1, 2019 regardless of the date of the accident.

Transitional — receipts

104.21   Section 88.01 applies in respect of an accident that occurs on or after April 1, 2019.

For accidents before April 1, 2019, claimants can still claim “user fees” when treatment costs more than the “prescribed rates”. Section is 82.2 (4) clearly restricts coverage for accidents on or after April 1, 2019 so the “user fee” is no longer recoverable.

The Briefing Podcast: What happens when ICBC finds your case to be a “minor injury”?

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Mussio Goodman’s new Podcast, The Briefing, Talks About the Legal Issues Affecting You in B.C.

In this episode, Wes Mussio explains what happens if the ICBC categorizes your injury from an accident as a “minor injury.”

This podcast gives advice and explanation in civil legal cases within British Columbia, Canada. Presented by Mussio Goodman and hosted by Managing Partner  Wes Mussio, we specifically tackle issues of ICBC claims, estate litigation and more.

Subscribe to our YouTube channel for more Podcast episodes or Like us on Facebook or Twitter to be notify when we release new episodes.

Press Release: New Version of B.C. Best Seller “What ICBC Doesn’t Want You to Know”

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Wes Mussio, Managing Partner of Mussio Goodman Injury Lawyers has written a new version of the book titled “What ICBC Doesn’t Want You to Know”. The book series has over 50,000 copies in circulation and the latest version is sure to be even more popular than the others. After recently being featured in the Vancouver Sun and the Daily Hive the book has been published in its entirety on ICBCAdvice.com.

The reason being, the government has introduced a complete overhaul of the ICBC injury claim system for accidents on or after April 1, 2019 which will take away many of the rights of injured victims of car accidents. Wes Mussio remarked “If you read the press releases of the NDP government on the new system and read ICBC’s propaganda, most people would conclude that the changes are beneficial not harmful to the injured victims of car crashes in B.C.. Truth be told, there is going to be a severe restriction on victim’s rights under the new system as the ICBC no-fault scheme put in place by the NDP government is clearly one-sided in favour of reducing the level of compensation payable to injured victims. After all, David Eby is boldly predicting that the changes will save ICBC well over a $1 billion annually.”

Under the new system, B.C. motorists suffering injuries in a car crash at no fault of their own will have a difficult time finding a lawyer that will assist on ensuring that their rights are protected. The book, “What ICBC Doesn’t What You to Know” will help many unrepresented claimants, and there will be many, understand the new system so they will be able to best pursue their claim. In other words, the book will help balance the playing field which is now tilted heavily in favour of ICBC under the new system.

The book covers topics such as what injuries are considered “minor”, how to deal with the new Civil Resolution Tribunal, how to receive treatment for your injuries under the new system and dealing with your medical doctor under the new system. Without this book, if a claimant relied only on ICBC for information, an unfair outcome on the claim is a real possibility.

Mr. Mussio noted “Trying to simplify this new no-fault scheme put in place by the NDP government into an easy to understand book was a time consuming task. I cannot imagine the average citizen, without some legal training, being able to stickhandle their way through the process for a fair outcome. Indeed that injured victim will be up against a trained ICBC adjuster or ICBC defence lawyer. Without some knowledge from non-ICBC or government sources, expect most injury victims to not get a fair outcome through ICBC. I am hoping this book will give these injury victims a fair chance to get the compensation they deserve.”

If you have any questions on the book or the ICBC no-fault scheme fell free to contact Wes Mussio at mussio@mussiogoodman.com or 604-603-8335. The books are available free from the author as a public service to ensure the many unrepresented claimants have a fair shot at a reasonable outcome.

Mussio Goodman Class Action Lawsuit Against FortisBC

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Commercial Drive businesses want fair compensation for financial disruptions caused by FortisBC

Wes Mussio of Mussio Goodman Law has filed a lawsuit against Newfoundland utility company Fortis inc. The ongoing lawsuit was reported by British Colombian news outlets, Global News and CityNews 1130. Fifteen business located on or near Commercial Drive have signed up for the class action lawsuit.

FortisBC was replacing a 20 kilometre section of pipeline and shut down traffic in the area for construction . The construction was supposed to last a total of four months from May until August of 2018. FortisBC also promised free advertising to minimize the financial damage to the businesses.

However, the construction project was extended without a reasonable excuse and the businesses were left unaware until it was too late. FortisBC also did not adequately advertise the businesses as promised.

As a result, businesses in the local area lost tens of thousands of dollars from the recklessness of FortisBC, which left them at risk of closure. Mussio Goodman is fighting to receive fair compensation for their clients.

Read more on Global News: Commercial Drive businesses suing FortisBC for lost revenue during pipeline replacement

Read more on CityNews 1130: More Commercial Drive businesses likely to join FortisBC lawsuit

Wes Mussio is Featured in Canadian Lawyer Magazine

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WES MUSSIO OF MUSSIO GOODMAN LAWYERS FEATURED IN NATIONAL MAGAZINE PUBLICATION, CANADIAN LAWYER MAGAZINE

The NDP government, in support of ICBC, has been introducing one-sided legislation since early 2018 which substantially compromises victim rights for fair compensation when a citizen is injured in a motor vehicle accident in British Columbia that is not his/her fault. In turn, ICBC has received substantial powers to minimize any pay out to injured victims under the one-sided legislative initiatives of the NDP government.

The new legislation, for accidents that occurred on or after April 1, 2019, involves severely restricting compensation for injuries by limiting pain and suffering to $5500, indexed for inflation. The limit on pain and suffering is for injuries that are deemed “minor” but the NDP introduced the definition of minor that includes catastrophic, permanent and life-changing injuries as well. Indeed, the legislation introduced by the NDP to help ICBC categorizes obviously serious injuries like brain injury and chronic pain as being “minor”. This is clearly for the purpose of the NDP government selling to the public that only “minor” injuries are affected when in actual fact, the truth is serious injuries are capped at $5,500.

The level of compensation available to victims will impede the ability of victims to retain a lawyer to help him/her deal with ICBC and the Civil Resolution Tribunal. Judging from public statements by David Eby, the Attorney General, one of the purposes of the NDP’s legislative changes is to reduce lawyer involvement in ICBC files which, in turn, means reducing access to justice for victims of car crashes.

The clear consequences of these changes are a lot less legal work which will almost certainly create extensive layoffs across the industry. Although the full effects of the legislative change are unknown, you can expect between 4,000 to 10,000 job losses ranging from jobs of junior lawyers, paralegals, legal assistants, receptionists, court reporters, medical office assistants, etc. Of the job losses, most will be women and lower income earners. This is in stark contrast to the NDP holding themselves out as an advocate for workers and the less fortunate.

This article discusses the impact of ICBC’s CAP no-fault system on the legal community. Since the article was written, the NDP is going forward with full no-fault which will be even more decimating to jobs in the legal community. Victims of car crashes will not receive much in the way of compensation and ICBC will be able to minimize the amount paid out under any claim. The at-fault driver that caused the accident will be the big winner getting similar benefits as the person(s) who got injured as a result of the negligence, poor judgement and bad behaviour of the at-fault driver.

You can read the article featuring Wes Mussio here: Insurance Cap Article