Case #1

« Back to Actual Cases Summary complaint # 768546 The Insurance Corporation of British Columbia and the Law Society of British Columbia

This case involves a Vancouver MVA with the passenger of one car, Ms. A.S., suffering serious injuries to jaw, neck, back and leg but more importantly, permanent brain injury. The driver of the other car involved accepted 100% responsibility. A lawsuit was launched against ICBC and the other driver for compensation.

Four years later, Ms. A.S., as plaintiff, was told by her lawyer E.S. that the case was lost and no one received a dime. However, ICBC payment details from their claims information system tell a different story. Over a three year period, ICBC paid over $27,000 in general damages – but not to the plaintiff. Instead the payments were made to the law firm of ICBC DEFENSE COUNSEL, J.W..  Furthermore, the ICBC claims information system revealed over $26,000 was paid to the plaintiff’s lawyer ($12,835 to her lawyer E.S. and $13,675 to lawyer D.A., a personal injury specialist enlisted to the case by E.S.).  The injured party, Ms. A.S., received NOTHING but did end up with the permanent brain injury. ICBC not only denied the victim compensation to which she was surely entitled, but they even managed to deprive her of the minor general damages which they paid to the wrong law firm.

Further evidence of lawyerly misconduct and inappropriate disbursements by ICBC was found with the Court Order, which dismissed the lawsuit without costs and with the condition that no person involved is under legal disability. Plaintiff and defense lawyers sign off on the Order. But both lawyers were aware, from numerous medical reports, of Ms. A.S.’s disabling brain injury. It is clear the Court was deceived.

So, what would be the outcome when these facts were presented to the various “authorities” involved in this case?

The smell of a cover-up in this case is strong!

One may therefore conclude that misconduct by ICBC and lawyers is easily perpetrated, especially on the brain injured. Unethical behaviour by these organizations does not appear to result in any punitive consequences. Self-regulation by the Law Society is proclaimed, but in fact the Society’s purpose is to protect their members. Lawyers look after their own first and the public bears the cost.

Can anything be done about the shameful, even corrupt conduct by these powerful organizations?

Victims need to come forward, via the web and social media and forward examples of the abuse to elected officials like the Attorney General and Minister of Justice, the Premier and your MLA. The media must be informed about the injustices and what the politicians are doing about it. Only by the public demanding action will change occur.

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