28 February, 2017

A Plaintiff’s Duty to Follow Reasonable Medical Advice

In the case of Lally v. He, 2016 BCSC 2187, the Plaintiff was injured when her vehicle was rear-ended by the Defendant. Liability was admitted but the defence disputed the amount of damages the Plaintiff was claiming. The defence submitted that...

24 February, 2017

Police Responsibility in High Speed Chases

The main issue in the case of Kweon v. Roy, 2016 BCSC 2305, was whether an RCMP officer was partly responsible for causing an accident by initiating a high speed pursuit of the Defendant’s vehicle in dangerous circumstances. The Plaintiff, Ms....

22 February, 2017

Pull Your Vehicle Over to a Safe Location After Your Accident

The case of Khudabux v. McClary, 2016 BCSC 1886, is a reminder for drivers to ensure that vehicles are in a safe location before seeking to exchange information with the other drivers involved in the collision. In this case the issue...

02 February, 2017

Cancer Misdiagnosis Case

Typically, medical negligence claims involving cancer allege a failure to diagnose the cancer in a timely manner.  However, the converse may also occur.  In Kooijman v. Bradshaw, 2016 BCSC 2316, the Plaintiff alleged the Defendant pathologists wrongly diagnosed her with thyroid...

30 January, 2017

Double Costs after Trial

The Rules of Court contain incentives to encourage parties to settle cases out of court.  If a Plaintiff makes an offer to a Defendant in order to settle a case and that offer is rejected, the matter will proceed to...

19 January, 2017

Depression Following a Car Accident

In the case of Beaton v. Perkes, 2016 BCSC 2276, the Plaintiff’s vehicle was rear-ended when she was stopped at a red light. Liability was admitted by the Defendants. The case was relatively straightforward because the medical experts and legal counsel were...

14 December, 2016

ICBC regional rate increases

A recent article by CBC highlighted the increased financial pressures felt by ICBC customers. http://www.cbc.ca/news/canada/british-columbia/icbc-rates-telkwa-1.3834054 Darcy Repen, the mayor of the small village of Telkwa in northern British Columbia, plans to file a complaint with B.C.’s Human Rights Tribunal over the unfair...

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