Matt Goldie was referred to James by a former client.  Initially he was involved in a serious rear-end collision accident which caused him significant disability in his low back.  At the time of this first accident, Matt was working in construction and took almost two months off of work before returning to this heavy manual labour job.  Upon returning to work, he discovered that he had excruciating pain in his low back, which greatly affected his ability to continue with the construction work.  He managed to continue with his work but was limited in his physical abilities as he had to be very careful with his low back.  James represented Matt and had set the matter down for a trial when unfortunately Matthew was involved in a second accident, which this time was a head-on collision.  At this stage, Matthew was training as a welder, and this second accident severely set Matt back in terms of his ability to work and to continue with his training.  The cumulative effect of both accidents caused him to be less able to be productive and efficient as a welder.  While the accidents did not prevent him from working as a welder, they had the potential of limiting the length of his career and limiting the available employment opportunities that might have existed absent the accidents.  ICBC did not provide what James considered a reasonable offer and so this matter went to a two-week trial in March of 2019.  Ryan Irving (Partner) was co-counsel with James in conducting the trial.  ICBC took the position that Matthew’s low back pain was not connected to his first accident because there was a delay in his discovering his back pain after the first accident.  The trial judge found that this was in fact an injury caused by the first accident based in part by the expert testimony of a spine specialist retained by James who assessed Matt.  At the end of the day the judge awarded over $400,000.00 to Matt for his losses arising from these two accidents.

PDF: Goldie_v._McLean.pdf

A physiotherapist from the North Okanagan referred a university student to Michael Yawney QC to help her with a claim for soft tissue injuries suffered in a motor vehicle collision with an out of province vehicle.  The young lady had to endure physical pain and limitation while trying to complete her university studies, including a Master degree course of studies.  Although she recovered to some extent, she had some permanent limitations in terms of her activities.  Mr. Yawney was able to resolve her claim after mediation for $450,000.00.

A woman in her early 40’s was referred to Michael Yawney QC to assist her with an injury claim resulting from a collision on Hwy 97 north of Vernon where a truck and trailer from Ontario pulled onto the highway in front of the woman’s vehicle, without warning and without the right of way.  The resulting collision caused the woman’s car to become air borne and roll over. She thought she was going to die. She suffered a mild brain injury and soft tissue injuries in the collision, as well as PTSD. Driving was difficult after the collision.  Mr. Yawney was able to convince the out of province insurer to admit liability and to resolve the claim months before trial for $1,050,000.00 including costs. He also assisted the woman in obtaining her own insurance coverage for accident benefits, and secure medical and rehab payments under that policy going forward.

A disabled woman in her 50’s was rear ended in city traffic and suffered aggravation of prior neck and back injuries.  As a result of the offending driver being rude and aggressive towards her at the collision scene and afterwards, she also suffered psychologically.  After assisting the client in arranging psychological and physical rehab assistance,  Mr. Yawney was able to settle her claim after her symptoms significantly improved. The settlement was for over $80,000.00 including some cost recovery.