D.M.D. v F.C.H, 2017 BCSC 621

Chris Hart acted as lead counsel for the Plaintiff, D.M.D., in an injunction application, seeking a pre-trial injunction to prevent F.C.H. from transferring, withdrawing, or dealing with, the contents of bank accounts originating from D.M.D. The Supreme Court agreed with D.M.D.’s arguments and granted the injunction.

A Seriously Injured Passenger with a Moderate Brain Injury

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Michael Yawney QC was retained by a Vernon woman who was seriously injured while a passenger in a vehicle.  Mr. Yawney was actively involved in ensuring that the client received the proper rehabilitation and assistance to promote recovery from her injuries, which included a moderate brain injury.  The matter was resolved prior to trial for $2.85 million including future care, future income loss, in trust claims for family members that had to assist the client, as well as the costs of pursuing the legal action to enforce her claim.

Revak v. Rosenberger, Awards $530,000

Chris Hart acted as lead counsel for the Plaintiff, Douglas Scott Revak, in a trial against ICBC to assess the quantum of damages owed to Mr. Revak resulting from a motor vehicle accident. The Supreme Court rejected ICBC’s arguments that the quantum of Mr. Revak’s damages should be in the range of $39,500 to $81,500, and agreed with Mr. Revak’s arguments, assessing the quantum of his damages in the amount of $530,000.00 (that’s not a typo).

Serious Ankle Injury Resolves Prior to Trial for $350,000.00 plus…

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A man in his 40’s that worked in the oil patch on drilling rigs was referred to Michael Yawney QC by a friend. The man had suffered a serious ankle injury that required surgery. He had a protracted period of recovery where he could not work, and his plans for further training to move up the chain of command on the oil rigs was delayed by a few years.  While he recovered well, he was left with residual discomfort that made the job much more difficult. Mr. Yawney was able to resolve his claim prior to trial for $350,000.00 plus costs and disbursements.

 

Complicated Hit and Run Scenario Resolves Prior to Trial for $450,000.00

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Michael Yawney QC was retained by a construction contractor from Salmon Arm BC who was involved in a bizarre accident on Hwy #1 where a transport truck side swiped his vehicle and then took off.  
The client suffered a fracture to his orbital bone near his eye and vision and  imbalance issues. The transport truck could not be identified and so the claim involved a hit and run scenario with limited insurance coverage available. Further, the client had to rely on his own underinsured insurance coverage, a process that required arbitration after a trial determined damages that exceeded the initial limited coverage under hit and run provisions. Mr. Yawney was able to negotiate a resolution of the client’s claim for $450,000.00 prior to trial.

Motorcyclist from AB Resolves Claim Against BC Driver for $750,000.00

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A local motorcycle association referred a man from Alberta to Michael Yawney QC to assist him with his claim for injuries from an accident where a BC driver pulled out in front of him on Hwy 97 without warning.
The man suffered serious orthopedic injuries that required multiple surgeries and an extended stay in hospital. His injuries also affected his capacity to work as a mechanic, reducing the amount of work he could sustain post accident.  Mr. Yawney was able to resolve the claim against the BC driver despite liability being contested and the presence of deduction issues regarding the client’s own insurer. The claim was resolved for $750,000.00 plus costs and disbursements, and the client continues to receive disability benefits from his own insurer as well as coverage for physio and other future care items.

Wife’s Accident Claim Settles Prior to Trial and Includes Husband’s Time

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A retired woman from Sorrento BC retained Mr. Yawney to pursue a claim for injuries suffered when she was hit hard by an Alberta driver as she slowed for children crossing the street after getting off a school bus. The woman suffered soft tissue injuries and exacerbation of prior health issues which resulted in a prolonged recovery process, required extensive rehabilitation and impacted most of her recreational activities. Her husband of many years was required to assist her and take over many of the domestic duties in their home. Her claim was resolved prior to trial for $185,000.00, including a claim for the husband’s time and assistance that was required because of the accident.

Rear End in City Traffic Results in Settlement for Husband and Wife

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A husband and wife from Kelowna retained Michael Yawney QC to represent them after they were rear ended in City traffic, stopped at a light. Both suffered soft tissue injuries that required significant physiotherapy and massage, as well as pain medications. Their claims were settled collectively for over $175,000.00 plus costs and disbursements.

Claim Settles at Mediation for over $700,000.00

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Michael Yawney QC was retained by a young lady from Kelowna who was involved in two separate accidents a few years apart. Her injuries included a mild traumatic brain injury that healed over time, as well as debilitating headaches, neck and back pain, and psychological injury (PTSD). The injuries affected her ability to pursue post secondary education and forced her to change her career plans. Mr. Yawney was able to resolve her claim at mediation for over $700,000.00 plus costs and disbursements.

Complicated Roll Over Accident Settles for $200,000.00

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A young man from Prince George BC retained Michael Yawney QC to pursue a claim for injuries suffered in a roll over accident on the Yellowhead Hwy. The client was asleep at the time of the accident and there were issues in terms of who was actually driving the vehicle at the time of the roll over. The young man suffered soft tissue, head and shoulder injuries in the accident. Unfortunately, he also suffered subsequent work injuries and injuries from a further motor vehicle accident that complicated the assessment of his injuries and damages. Fortunately, the client was able to return to work and substantially recover from his injuries. His claim was settled prior to trial for $200,000.00 plus costs and disbursements.

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