ICBC Appealing Mussio Law Victory to Supreme Court of Canada

Posted on by Mussio Goodman

As previously announced, the British Columbia Court of Appeal ruled in our client’s favour, overturning the lower court’s decision and prohibiting ICBC from relying on a zipline waiver to deny compensation for injuries sustained in a car accident.

ICBC has since sought leave to appeal the decision to the Supreme Court of Canada in Ottawa.

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Mussio Law: Client Awarded $340,000 At Trial After Rejecting $83,000 ICBC Offer

Posted on by Mussio Goodman

We are pleased to announce that, after our client declined ICBC’s pre-trial offer to settle for $83,000, we proceeded to trial in the Supreme Court of British Columbia and obtained an award of $340,000 for pain and suffering, wage loss and medical expenses.

In July 2009, our client was rear-ended by a drunk driver at high speed and pushed into opposing traffic.  As a result of the accident, she sustained soft tissue injuries to her neck, back, and right knee.  She also started exhibiting symptoms of post-traumatic stress disorder and heightened anxiety and depression.  Aside from a brief period immediately following the accident, our client was not able to return to her job as an apartment manager.

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BC Court of Appeal Rejects ICBC’s Attempt to Remove Mussio Website

Posted on by Mussio Goodman

As reported by 24 Hours Vancouver, we are pleased to announce that ICBC has lost for the second time in trying to convince our Court that the website belonging to Wes Mussio’s wife (icbcadvice.com) was infringing on ICBC’s trademark.

In 2012, the BC Supreme Court ruled in favour of Mussio; however, ICBC appealed the decision to the BC Court of Appeal.

ICBC’s primary argument was that the use of “ICBC” in a website domain name by a personal injury lawyer was misleading and in breach of ICBC’s intellectual property rights. In particular, ICBC argued that the average consumer would likely believe that ICBC itself was offering advice on its business, rather than an independent entity.

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Court Rejects ICBC’s “Common Sense” Injury Analysis

Posted on by Mussio Goodman

Sometimes moderate or severe injuries can result from a relatively minor collision. In these cases, ICBC typically takes a hard line approach, arguing “common sense” dictates that a minor collision cannot result in anything but a minor injury. Unfortunately for ICBC, the laws of British Columbia and the laws of physics state otherwise.

Vehicle manufacturers design modern cars to crumple on impact. They do this in order to absorb the force that is being transferred from one body to another. Therefore, if there is more damage on impact, less force is being transferred to an occupant and more to the vehicle. However, if there is little damage to a vehicle, it does not necessarily mean that the impact was insignificant. A possible explanation is that the force from the impact was transferred elsewhere (i.e. to the occupants of a vehicle).

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Our Court Confirms No Double Standard for Cyclists

Posted on by Mussio Goodman

Looking around the city during our recent spate of sunny weather, it is nice to see the numerous bike lanes in Vancouver being put to some use. The City of Vancouver installed these bike lanes to protect cyclists, so they should take advantage of them and ride in the designated areas whenever possible.

Of course, there are times when a cyclist must share the road with motor vehicles as well. In these cases, many believe that cyclists should not be held to the same standard of care as motor vehicle drivers, because it is the latter group who are more vulnerable.

However, the law holds a different view.

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