Perminder S. Tung named Partner at Lindsay Kenney LLP

Perminder S. Tung* joined the Partnership of LK Law in 2014. He practices civil litigation, with an emphasis on ICBC motor vehicle injury claims, slip and fall claims, insurance coverage disputes, and business/commercial litigation. Having acted for large insurance companies in the past, he restricts his practice solely to serving injured parties.  He is a dedicated trial lawyer with extensive experience and a strong background in negotiation and dispute resolution.

Perminder completed his undergraduate degree at Simon Fraser University in 2004. He obtained his Bachelor of Laws at the University of Windsor (2008) and Juris Doctor, cum laude from the University of Detroit (2008).  He summer-articled with a large international law firm in Detroit, Michigan.  He then completed his articles at another respected regional law firm in downtown Vancouver in 2009. He joined LK Law as an Associate in 2009.

Perminder was born and raised in the Fraser Valley region. He has been an active member in the community. Professionally, he was appointed by the Minister of Health to serve on the Board of Governors of the College of Massage Therapists of BC in 2012. The College serves and protects the public interest by regulating the profession of registered massage therapists in BC in accordance with the duties and objects set out in the Health Professions Act. He is also active in the Canadian Bar Association serving on Provincial Council for Westminster County and the Board of Directors of the South Asian Bar Association where he mentors emerging lawyers.  Recreationally, he participates in many sporting events, including the Hooplaw tournament, which raises funds for disadvantaged children. He enjoys travelling and relaxing with his wife and two children. He also believes that he is a good cook and competitive ball hockey player.

Bar Admissions

• British Columbia, 2009

Education

• Juris Doctor, cum laude, University of Detroit, 2008
• Bachelor of Laws, University of Windsor, 2008
• Bachelor of Arts (Sociology), Simon Fraser University, 2004

Memberships and Affiliations

• College of Massage Therapists of BC – Board of Governors 
• Canadian Bar Association – Provincial Council Member for Westminster Region 
• South Asian Bar Association, Board of Directors, President-Elect 
• Trial Lawyers Association of British Columbia

*denotes Professional Law Corporation

ICBC Tip of the Month (June 2014): "ICBC is sending me to an ICBC Doctor"

Don’t panic, seek legal advice.

It is routine for ICBC to send you to ‘their’ specialists.  These medical reports can be favorable toward the outcome the insurance company is seeking. In order to protect yourself seek an experienced personal injury lawyer who will help guide you through your claim and ensure your rights are protected.

Do you have questions about your ICBC personal injury claim or accident?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)

The Notorious "Pre-Existing Condition" - What does the Court say?

Judicial reasons for judgement were delivered on May 29, 2014 by the Honorable Mr. Justice Bernart in MacAulay v. Field 2014 BCSC 937.  The trial was conducted by Tim Delaney of our office at LK Law - the case involved a 51 year old female plaintiff with pre-existing back and neck issues. 

Insurance companies, like ICBC, tend to argue that your injuries are worth less because you already had an injured back or neck - they say it was a "pre-existing condition" or "pre-existing injury" and therefore the accident only mildly contributed to some pain.  It the job of a good personal injury lawyer to highlight the difference between how the condition manifested before the accident and how it changed after. Not all cases are alike. 

In MacAulay, our client was a wife, mother and executive assistant and was 47 years old at the time of the motor vehicle accident. She was a physically active woman who worked full time, tended to her house and garden, and enjoyed various physical, recreational and social pursuits with family and friends. The plaintiff had been in two prior accidents, but testified she had fully recovered on both occasions and never been physically limited until the subject February 2010 accident.

Post accident the plaintiff tried to resume various pre-accident activities including biking, weight training, aerobics and golfing but found that she was unable to engage or had to significantly curtail them due to the pain in her neck and back. Her ability to garden and do household chores had also been curtailed, and at work she found she could no longer sit for long periods without breaks to stand or stretch.

ICBC argued that the plaintiff had recovered to her pre-accident condition. Furthermore, even if she had not, she was now at her current condition as a result of the natural progression of her arthritis and her age. Therefore it was only the defendant’s responsibility to restore the plaintiff to her original pre- accident condition, not a better one. 

The Court disagreed with ICBC and applied the thin skull doctrine. The Court found the evidence to establish that the plaintiff had a pre-existing condition that was ‘activated’ by the result of the accident and therefore was entitled to an award not reduced because of the resulting long term debilitation.  


The Court stated:

“the plaintiff was a physically active woman who enjoyed various athletic and recreational pursuits as a dominant aspect of her social life with family and friends. This enjoyment had been taken from her by the negligent act of the defendants.” 

The injuries the plaintiff sustained were a significant loss of lifestyle, an impairment of relationships, daily discomfort, sleepless nights and painful flare-ups. The plaintiff was awarded $75,000 in non-pecuniary damages (pain and suffering), $ 1,700 in Special Damages, and $10,000 for Future Care totaling a payout of $ 86,700.

Do you have questions about your ICBC personal injury claim or accident?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)