Vehicle Written Off in Collision, Claim Settles Prior to Trial

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Michael Yawney QC and partner Allyson Edwards took on a claim by a gentleman in his late 50’s, whose vehicle was written off in a collision on Hwy 97.  The man suffered soft tissue injuries that aggravated prior health issues, including back problems.  The defendant’s insurer labelled him as having “pre-existing conditions” and refused to be reasonable. 
Mr. Yawney and Ms. Edwards were able to settle the claim for a fair amount a few months before trial. 

Accident on HWY 97 Resolves for over $450,000.00

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A career woman in the auto industry in her late 40’s was side swiped and forced into a concrete median on Hwy 97 when a large suv swerved into her lane unexpectedly.  She suffered back and neck injuries and was having difficulty recovering from her injuries. She was referred to Michael Yawney QC, by friends,  to help her deal with the defendant’s insurer that was not paying for rehab or wage loss. 
Mr. Yawney, after a hard fought claim, was able to resolve the matter before mediation for over $450,000.00 including costs.

Restaurant Owner Suffer Injuries, Resolves Claim for over $400,000.00

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A take out food restaurant owner from Kelowna was injured when his vehicle was struck by another vehicle on the streets of Kelowna.  He was referred to Michael Yawney QC by friends.  He suffered debilitating neck and back injuries that impacted his ability to carry on his restaurant business. The claim was vigorously defended by the defendant driver’s insurer, which claimed that the man’s business wasn’t making any money anyway. 
The matter was scheduled for trial, but Mr. Yawney and fellow partner Ryan Irving were able to resolve the claim at mediation prior to trial, for over $400,000.00.

Accident on Vernon BC City Streets Resolves

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A retired woman suffered soft tissue injuries from an accident that occurred on the city streets of Vernon, BC.  She retained Mr. Yawney because she was worried about the insurer of the vehicle that hit her treating her fairly.  Thankfully her injuries mostly resolved.
Mr. Yawney was able to resolve her claim for over $90,000.00.

Tractor Trailer Accident Settles for over $500,000.00

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A semi-truck driver in his 40’s was referred to Michael Yawney QC, after a vehicle collided head on with his tractor trailer unit on Hwy 97.  The other driver was killed and the evidence suggested that he may have veered into the truck driver’s lane intentionally. 
As a result of the collision, the truck driver suffered neck and back injuries, as well as post-traumatic stress disorder.  Shortly before a scheduled trial date, Mr. Yawney was able to resolve the claim for over $500,000.00.

Full Day Mediation in Alberta Settles for $300,000.00

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A husband and wife from Dawson Creek, BC were visiting their family in Red Deer, Alberta when an inattentive motorist slammed into their pickup truck from behind.  The couple were referred to Michael Yawney QC and he handled their claims, dealing with an Alberta insurer.
Because the accident happened in Alberta, the claim had to be prosecuted there.  The injuries from the collision had impacted both of them and their family owned business.  Mr. Yawney was able to resolve their claims after a full day mediation for $300,000.00.

Full ownership of property received

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Andrew represented the widow of a man who died leaving her all his property, which was a very significant amount of land.  The Deceased’s siblings sued, arguing that in fact the man had not owned the property, but rather had held in trust for them for decades, following the death of their own parents.  They argued that they had transferred their rights in the property to the deceased many years previously, and that a trust resulted from that transfer.  At trial, we argued that if there was any transfer at all, it was not one that could be impressed with a trust.  We succeeded at trial, and the widow received full ownership of the property at issue.

Petitioners Seek to Have Logging Cutting Permit Quashed

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Penner v. British Columbia (Forests, Lands and Natural Resource Operations)
We represent Sechelt Community Projects Inc which operates as Sechelt Community Forest (SCF).  SCF complied with all regulatory and procedural steps to obtain a cutting permit which allowed them to harvest timber on the lower slopes of Mt. Elphinstone.  The Petitioners, Messr’s Muirhead and Penner and Ms. Bloom call themselves Elphinstone Logging Focus and have been trying to have a Provincial Park on Mt. Elphinstone expanded to include areas within SCF’s logging tenure.  They are very active in opposing logging in this area.  Their opposition has previously been limited to blockades.  In this case they decided to attack the legislative authority for logging by saying that the Ministry of Forests District Manager’s decision to grant the cutting permit in question was issued without proper consultation with the community and in particular ELF.  They sought to have the cutting permit quashed and an injunction preventing further logging.
ELF was initially successful in obtaining an injunction to prevent logging but when they refused to give an undertaking as to damages as required by the Rules of Court their injunction was lifted and logging continued. 
At the hearing we argued that there was no obligation to consult and that the Petitioners could not effectively rewrite the legislation to impose one.  Madame Justice Iyer agreed, dismissed the Petition and awarded costs to SCF.

To read the full court decision, click here.

Claims for Two Sisters Resolves

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Michael Yawney QC, resolved the claims for two sisters injured as young children when their parents minivan was hit from behind on Hwy 97 over 8 years ago. 
They had both forgotten about the claims that their parents had asked Mr. Yawney to take care of. They both were doing well, but there was evidence of several months of emotional upset and physical injuries after the accident. 
Their claims were resolved for over $40,000.00.

Soft Tissue Injuries From a Rear Collision Resolves

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Mr. Yawney and associate Allison Jaquish, settled a claim for a Vernon woman who was hit from behind and suffered soft tissue injuries.
Her claim was resolved for just over $100,000.00.

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