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The judge was wrong

4 0 0
04.06.2019

Does small vehicle damage mean no injury?

ICBC would have you think so, but medical science and the law are not on their side.

This issue was a point of contention dealt with by our Court of Appeal in the recent decision of Greenway-Brown v. MacKenzie, 2019 BCCA 137.

The plaintiff, Ms. Greenway-Brown, had been in five separate motor-vehicle collisions. She was assessed at fault for the first, but the innocent victim of the other four.

Each collision had resulted in very little damage to her vehicle.

The trial judge, who had come into the courtroom with assumptions about the relationship between vehicle damage and injury, dismissed Ms. Greenway-Brown’s claims in a decision cited as Greenway-Brown v. Kyung, 2018 BCSC 287.

Ms. Greenway-Brown appealed. A three-judge panel of our Court of Appeal released their decision on April 24, 2019.

The Court of Appeal........

© Castanet