11 August, 2017

Addiction to Pain Medication Following A Motor Vehicle Accident

It is well known that if a Defendant injures a Plaintiff, the Defendant must compensate the Plaintiff for the harm that was caused. But what if the Plaintiff requires prescription medication to manage the pain caused by the injury, and...

09 August, 2017

Commercial Host Liability

When people drink in a commercial establishment, does the bar or restaurant have a duty to ensure that they don’t leave the premises drunk and then drive? The Court considered this issue in Widdowson v. Rockwell, 2017 BCSC 385. On the day...

12 July, 2017

Liability When Turning Left

In the case of Schlachter v. Foster, 2017 BCSC 300, the only issue to be determined was who was responsible for causing the accident. The Plaintiff was driving through an intersection just after the light turned yellow when he hit the...

07 July, 2017

What Happens If My Neighbour Assaults Me?

The Court considered a neighbour assault, or battery, in Rycroft v. Rego, 2017 BCSC 373.  The Plaintiff lived in a rented house on a large acreage at the time of the assault.  His son and a friend had set-up a BMX...

04 July, 2017

Hip Injury Following Rear-End Collision

In Erwin v. Buhler, 2017 BCSC 362, the Plaintiff injured his neck, back and hip following a rear-end collision in 2011.  The issue was whether or not the collision caused the pain in his right hip.  The Defendant argued the collision...

30 June, 2017

Who is at Fault When You Slip and Fall in a Store?

If you are injured when you slip and fall in a store, the store is not automatically liable.  The onus is on you to prove liability.  You do this by (1) establishing that the floor was unreasonably slippery due to...

06 June, 2017

ICBC Will Be Checking Your Social Media

ICBC has a cyber team within their Special Investigations Unit which looks into potentially exaggerated or fraudulent claims. This cyber team carries out social media searches in order to prove whether or not you are being honest when you make...

05 June, 2017

Who is Responsible for a Rear-End Collision?

The British Columbia Court of Appeal has decided that fault generally lies with the “following driver” in a rear-end collision. Most people would agree that this is common sense. The Court also emphasized that a rear-end collision is merely evidence, for...

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