McComb Witten wins yet another trial

My colleague Meghan Neathway has shown her prowess in the courtroom this year.  In the first 6 months of 2012, she has ran 3 trials including 2 that we scheduled to be back to back.  She has also assisted with drafting the factum (the written legal argument) for an appeal of a jury award last year.  In all three trials and the case involving the appeal, the court awarded significantly more to our client that ICBC was offering before the trial.

Some of the cases that Ms. Neathway took to trial are significant and some involve minor claims.  What you need when you are looking for a lawyer for a car accident in Vancouver or an ICBC claim is someone who passionately believes in the law and knows how to get results - whether through negotiation or at trial.

Congratulations to Meghan on her recent string of success - in the courtroom and settlements on other files that result from that success in court!

Big Changes at ICBC

The news has been full of big changes at ICBC.  With a new acting CEO and a new vice-president of Claims, Bryan Jarvis,those of us representing people injured in car accidents in Vancouver or BC can certainly hope that ICBC may be taking a less adversarial approach to claims management.

Regardless of any philosophical changes at ICBC, it certainly is good to hear that management and the union have tentatively agreed to terms of a new collective bargaining agreement.  Regardless how injured people feel about how they are being treated by ICBC, I am of the view that there are a lot of good people working at ICBC who are trying to do a good job and deserve a fair contract.

Good to hear that there is finally some labour peace at ICBC.  Let's get them to talk to the NHL!!! 

Cross Examination of a Neurosurgeon - Part 4

It has been a few months since I left off with this story.  I highly recommend going back through my blog to read parts 1-3 as this post won't make much sense on its own.  Those of you following will remember that we left off with the doctor reversing his opinion on causation.
Once the doctor folded on causation, the only thing left was to use that doctor to build my case.  One of the issues I had was whether my client had an ongoing disability.

The doctor had indicated that my client was not a surgical candidate, so I decided to start there.  I had him confirm that she was not a surgical candidate because surgery would not relieve all of her symptoms.  The other side of the coin is that if she is not a surgical candidate and she has not spontaneously resolved in the six years after the accident, then that means that she was likely going to live with this pain for the rest of her life.  He agreed.

He agreed that the only thing she could do to manage her symptoms was limit her activity and avoid certain activities...activities such it would be impossible to do her job without modifications.  As she had lost her job of 28 years and was looking for work, the neurosurgeon acknowledged that her injuries would be a factor working against her.

He agreed that the treatment that she was getting was not likely going to cure her.  However, he did agree that if the treatment helped reduce her pain, then it would seem appropriate.

In fact, by this stage the doctor pretty much agreed with everything.  I kept putting more and more helpful propositions to him in a polite and kindly way.  He kept building my case.

In the end, agreeing to the video deposition ahead of the trial was a very good decision.  The case settled in advance of the 3 week trial.  There were some other issues that made settlement make a lot of sense.  Sometimes, the best trial is the one that is avoided.

Success as a lawyer is not measured in trial wins or losses...it is measured in your ability to get an outcome for your client that is good for them and one they want.  In this case, that was a settled case for more than ICBC was offering before the video deposition, but without having to go through a 3 week jury trial.

If you enjoyed this story, let me know and I will post another story.

Yet another McComb Witten trial win

My colleague, Richard Chang, recently got a great court award for a nice lady with a walker who was injured in a bus accident.

ICBC refused to make a reasonable offer, but they could not scare our client from exercising her right to have her case heard by a judge.  

After hearing the case, Mr. Justice Gauer awarded our client over $25,000 for her pain and suffering but awarded an additional $26,500 for the loss of her ability to do housework.

Congratulations Richard and congratulations Ms. Hadzic for having the courage to take your case to a judge.

Jeff Witten as Leprechaun

My colleague Jeff Witten is a damn fine lawyer with an outrageous sense of humour.  Who says a lawyer has to be a stiff shirt.  Have a look at his St. Patrick Day video which is located on the side on my blog!!!

Great new feature added to my blog

I am happy to add a new piece to my blog that my readers should find interesting and helpful.


At McComb Witten we are always looking for innovative ways to deliver quality service to our clients.  In order to better explain what we do here at McComb Witten and to give people a feel for our personality, Jeff Witten has prepared a few videos.


The videos cover a range of topics but are useful for anybody with an ICBC claim or a person in a car accident looking for a Vancouver personal injury lawyer.


Check out the videos on the McComb Witten video channel on the right or on the link below.


McComb Witten video

BC Government introduces sweeping family law changes

Many of my readers and clients with ICBC claims have a keen interest in issues in Family Law. I am happy to introduce a guest blogger Monique Shebbeare, to provide some important insight into the upcoming changes to the BC Family Law Act.

My followers know that I have already recommended Monique as a great option if you are separating, want to split the family assets and sort out custody/access issues reasonably but are running into a few glitches.   

Basically, if you think you are trying to be reasonable and think your former spouse is trying to be reasonable, but you are still having trouble getting things sorted out - then Monique is the person you should call to protect your rights without turning the divorce into an all out war.

By Monique Shebbeare, Heritage Law

Bill 16, the new BC Family Law Act, which will bring broad changes to BC’s family law landscape, has been passed by the BC government. The government estimates it will take 12 to 18 months to implement the law.

Some of the highlights of new Family Law Act are:

·         Children: The best interests of the child will be the only consideration in cases involving children. The divisive language of “custody and access” is abandoned in favour of more neutral language of “parenting time”, “parenting arrangements” and “parental responsibilities”. Parents who lived with the child after he or she was born are the child’s guardians unless the court orders or the parties agree otherwise. A court can appoint a person other than a parent as guardian. Only a guardian can have parenting time and parenting responsibilities, but a person who is not a guardian can have “contact”. Remedies and tools are provided to make sure that parents actually receive and follow through on parenting time they are granted. A process and guidelines are created to deal with a parent’s desire to relocate with children.

·         Out of court dispute resolution: Mediation, agreements, parenting coordination and arbitration are favoured over the courts. Complete disclosure will be required in all cases. Courts will have the power to refer parties to counseling and mediation and to appoint a parenting coordinator to work with the family on implementation of agreements and orders.

·         Child and spousal support: Parents will have the primary duty to pay child support, followed by stepparents and then also by other guardians. Children who have voluntarily left parental care under age 19 may not be entitled to child support. The definition of spouse for spousal support is expanded to included unmarried couples who have lived together for less than two years if they have a child together. For spousal support, a court can consider conduct which causes or prolongs need or affects the ability to pay.

·         Property division: Property brought by a spouse into the relationship, inheritances, gifts and certain kinds of court awards will be excluded from property division (as is the case in many other provinces) – but the parties will share the increase in value of these during the relationship. Family property, which is assets acquired during the relationship and owned at separation, are presumed to be divided equally. The court can divide excluded assets or change the division of family assets only if it is significantly unfair not to.

·         Debts: The courts will be able to divide family debts (incurred during the relationship or after separation to maintain family property), and the presumption is equal sharing.

·         Common law couples: Unmarried couples who have lived together for more than two years will have access to the same property division regime as married couples. (Note: effectively immediately, section 120.1 of the existing Family Relations Act, which operated as a disincentive for common law couples to make cohabitation agreements, has been immediately repealed).

·         Family violence: A new “protection order” is created which will be enforceable by the police. Courts can take family violence into account as part of the best interests of the child when determining parenting arrangements.

·         Assisted Reproduction: For the first time in BC, the law will provide rules for determining parentage of children born with the assistance of sperm, egg and embryo donors and with surrogates.