Chris Hart acted as lead counsel for the Respondent, Jenelle Brewer, in an appeal brought by John Louie to the Federal Court in which Mr. Louie argued that the Minister of Indigenous Services erred when rejecting Mr. Louie’s application to invalidate a will made by his deceased brother, Jimmie Louie. The Federal Court dismissed Mr. Louie’s appeal.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00Tara Holowachhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngTara Holowach2022-01-03 14:29:032022-11-15 09:46:19Louie v. Canada (Indigenous Services), 2021 FC 650
Chris Hart acted as lead counsel for the application Respondent, Twin Anchors Manufacturing (2004) Ltd. (“Twin Anchors”), in an application brought by Mr. Lux, seeking to have security funds returned to him due to delays in the progress of the litigation. The Supreme Court agreed with Twin Anchors’ arguments and dismissed Mr. Lux’s application.
Multiple Vehicle Accident Caused by 90 Year Old Driver: Mr. Van Sprang is a man in his 30’s with a young family and was a key person in his dad’s business which was a heating and cooling service company. Mr. Van Sprang’s father had plans to hand over the business to his son when he reached his retirement age. The work was physical and also required ingenuity and problem solving skills. Mr. Van Sprang was the “muscle” of the company, doing the heavier tasks and the more physical tasks such as working within tight crawl spaces and attics. Unfortunately, Mr. Van Sprang was involved in an accident whereby the defendant Mr. Tweed, failed to yield as he entered onto the Trans-Canada Highway at an intersection. His actions forced a commercial truck driver to move over in his lane which in turn caused Mr. Van Sprang’s vehicle to spin out of control and end up on its roof at the shoulder of the road. Mr. Van Sprang suffered soft tissue injuries which limited his ability to be as productive as he used to be, and also limited his ability to continue on in his role with the company. ICBC denied liability for this accident, even though it seemed obvious that the actions of Mr. Tweed set in motion this serious accident. This matter went to trial for eight days. During that time ICBC strenuously argued that Mr. Van Sprang was at fault for the accident as he must have been driving too fast for the road conditions, and that it had nothing to do with the Defendant failing to yield.
The trial judge rejected this theory, and instead found that Mr. Tweed was indeed at fault for the accident. The trial judge awarded close to $270,000.00 to Mr. Van Sprang. This award reasonably assessed his damages for pain and suffering and loss of earning capacity. It also vastly exceeded any attempts by ICBC to resolve the matter. The trial was conducted by James Cotter and Allyson Edwards.
This was a claim that involved a man in his 60’s who spoke little English and had worked at manual jobs all his life. Mr. Kalashnikoff was referred to James by his brother who was also a client. Mr. Kalashnikoff was involved in a head-on collision with the defendant. It appeared that the defendant had strayed across the yellow line and into Mr. Kalashnikoff’s lane of travel when the accident happened. Unfortunately, ICBC denied liability even though the facts seemed to point clearly to the defendant being at fault. Mr. Kalashnikoff was not able to express how this accident had really impacted his life due to his limited English. James was able to bring out his story through his two adult daughters as to the change the accident had brought about in him, and how he was not the same man he used to be. ICBC offered very little to try and resolve this matter as they did not view this claim to be significant at all. James was able to bring this matter successfully to trial and obtain an award of $130,000.00. This was far greater than what ICBC was prepared to settle the matter for. This decision illustrated how our court system can be used to help accident victims who are immigrants and may feel that they do not understand our system of laws and even fully understand our language. James was pleased to be able to help such a vulnerable person in our society.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2020-04-09 11:01:562021-11-30 11:11:48Kalashnikoff v. Halat – Russian Immigrant Injured in Head on Collision
Three Motor Vehicle Accidents Contribute to Chronic Pain: Susan A-C was referred to Nixon Wenger by a friend. James represented her initially for an accident that occurred in 2012. While representing her, Susan was unfortunately involved in two other accidents, none of which were her fault. Susan suffered chronic soft tissue injuries which affected her ability to move and function without pain and to suffer from intense migraines. ICBC defended the claim of Susan for all three accidents. They defended a claim in part on the basis that Susan’s claim of pain, migraines and disability far exceeded the injuries she could have suffered in any of these accidents, as none of the accidents were of such a nature as to cause such injury. In other words, ICBC was saying that the accidents were of such a minimal nature that no one could be so disabled from any of the accidents. Susan was unable to return to her job as a Walmart employee. She had difficulty maintaining her home as she did prior to the accidents, and had a difficult time cooking and looking after her children. James Cotter and Ryan Irving took this matter to a two-week trial in October of 2019. They retained the foremost chronic pain specialist in British Columbia to assess Susan and to provide expert opinion evidence. In addition, an occupational therapist was retained, an economist, and a doctor of physical and medicine rehabilitation. ICBC retained its own experts. This was a hotly contested trial with many arguments relating to evidentiary issues and expert evidence issues. However, at the end of the day the trial judge agreed with our position that the culmination of these accidents resulted in significant disability for Susan. She was awarded over $700,000.00 in damages. This was a far greater sum than ICBC had ever offered her in the seven years since her first accident in 2012. Susan was very pleased with the outcome and felt that it justly reflected her loss.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2020-03-17 10:58:382023-01-20 14:15:12Aarts-Chinyanta v. Binkey/Hayer/Stewart et al
Mike Yawney, QC, along with Associate, Allison Jaquish, were retained by a 30-year old single mother after she suffered significant injuries in a T-bone collision in the North Okanagan. The woman suffered a broken clavicle and soft-tissue injuries to her neck, back, and bruising to both knees. Her injuries made it extremely difficult for her to return to work, but she continued to do so in order to support her young family. Medical experts concluded the young woman would continue to suffer from chronic pain going forward and would require ongoing rehabilitation. The court ruled in her favour and awarded damages of $420,000.00.
PDF Judge Weatherill, re Staff v. Moore, 03-02.pdf
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2020-03-02 00:00:002021-11-30 09:45:10T-bone collision results in a judgment of $420,000.00
Michael Yawney QC was retained by a professional woman in her early 40’s after she suffered injuries in an October 9, 2013 motor vehicle collision where she was hit hard from behind when she was stopped at a crosswalk to allow a pedestrian to cross the road. The defendant driver had failed to slow down and stop, despite the cross walk. There was extensive damage to the defendant vehicle but very little visible damage to the plaintiff’s vehicle. The woman believed that should would bounce back and be okay, and worked hard with rehab to get back to work. Unfortunately, after multiple attempts to get back to work and to get better, she was diagnosed with permanent chronic pain and disability. Despite this she kept working as much as she could as she supported herself and her daughter. ICBC took the position that the woman could not have been injured significantly and refused to resolve her claim on a fair basis despite having to admit liability as it was a rear end collision caused by the defendant. Despite numerous attempts by the plaintiff to resolve the claim fairly, ICBC forced the matter to trial. The first trial date did not proceed because there was no court time available.
Michael Yawney QC, along with partner Allyson Edwards and associate Allison Jaquish, took the matter to trial in January of 2018. Before doing so, further attempts were made to try and resolve the claim fairly; all of which ICBC ignored. Judgement was rendered on March 18, 2019 for over $804,000.00 plus costs. Because of the attempts of Mr. Yawney and his team prior to trial to fairly resolve the claim, the plaintiff was awarded double costs due to the conduct of ICBC in refusing to accept reasonable offers before both scheduled trial dates. To further compound matters, ICBC refused to resolve costs and further court time had to be taken up to decide that issue.
This case is another example of where ICBC, despite its usual blaming of insureds and claimants for high costs, created well over $500,000.00 in extra costs compared to what it could have resolved the claim for prior to trial. This is on one claim! This happens all the time with ICBC claims, but they never tell us that when talking about ICBC’s financial performance. It is always the claimants, lawyers and judges that get blamed for it’s poor performance and high claims costs. This case is one of many over the last several years where ICBC’s claims management and business practices results in millions of dollars of needless extra cost simply because of the way it chooses to do business. Private insurers always factor in costs and cost savings when adjusting claims; ICBC doesn’t seem to care because it can always go to the government to bail it out and make changes so it doesn’t have to take responsibility for it’s poor business practices. This is the real problem with auto insurance in British Columbia and why over 80% of British Columbians want auto insurance privatized and ICBC sold off. The $500,000.00 wasted on this one claim would go a long way to saving many people from paying higher insurance premiums. We should all be asking that ICBC disclose similar instances when it complains about high claims costs! PDF Costs Assessment – March 18, 2019 judgment date – before Master R.W. McDiamid (02108776xB91A7)
PDF Reasons for Judgment – July 31, 2018 (01810288xB91A7)
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2019-10-28 00:00:002019-10-28 00:00:00ICBC delays, result in judgement of over $804,000.00 plus costs
A woman in her late 30’s was referred to Michael Yawney QC by a friend. She had suffered a severe whiplash injury after she was rear ended in traffic in Kelowna, BC. The injuries completely disabled her from working. The claim was resolved at mediation a few weeks before trial for over $650,000.00 plus costs and plus future rehab expenses to help her cope with the effects of her injuries. The key issue in dispute was her residual ability to work.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2019-08-26 00:00:002019-08-26 00:00:00Claim resolves for $650,000.00 plus costs & rehabilitation expenses
Michael Yawney QC was asked to assist a young man and his family as a result of an electrocution injury that occurred on rented property. The young man was seriously injured when a faulty electrical circuit that was not installed in accordance with electrical code requirements, resulted in his being electrocuted. The financial impact on the family was devastating as the young man was unable to work due to his injuries. Mr. Yawney and his team helped the family by arranging financial assistance and medical assessment of the injuries, and most importantly, was able to expedite the claim through the courts to help minimize the financial impact. The claim was resolved a few weeks before a lengthy trial for close to $2,000,000.00 plus costs.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2019-08-09 00:00:002019-08-09 00:00:00Electrocution injury claim expedited and resolves for $2,000,000.00 plus costs
Michael Yawney QC was retained by an aboriginal man and his wife for a head on collision in winter conditions on Hwy 97 north of Vernon. The man suffered soft tissue injuries that required hospitalization. Liability for the collision was admitted. The claim was resolved prior to trial for $85,000.00 plus costs and plus future rehab expenses. The man had substantially recovered, however, he required ongoing physiotherapy and medications to assist him in managing his symptoms.
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png00NW Adminhttps://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.pngNW Admin2019-07-19 00:00:002019-07-19 00:00:00Claim resolves for $85,000.00 plus costs & future rehabilitation expenses
We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.
Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.
Essential Website Cookies
These cookies are strictly necessary to provide you with services available through our website and to use some of its features.
Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.
We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.
We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.
Google Analytics Cookies
These cookies collect information that is used either in aggregate form to help us understand how our website is being used or how effective our marketing campaigns are, or to help us customize our website and application for you in order to enhance your experience.
If you do not want that we track your visit to our site you can disable tracking in your browser here:
Other external services
We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.
Google Webfont Settings:
Google Map Settings:
Google reCaptcha Settings:
Vimeo and Youtube video embeds:
Other cookies
The following cookies are also needed - You can choose if you want to allow them:
Privacy Policy
You can read about our cookies and privacy settings in detail on our Privacy Policy Page.