14 September, 2016

Watch Out For Cyclists When Turning Left

The case of Ilett v. Buckley, 2016 BCSC 1407, reaffirms that drivers must make sure they can turn left safely before proceeding. The Plaintiff was cycling on the shoulder of the northbound lane of Admirals Rd. As he proceeded through an intersection...

13 September, 2016

ICBC Withholds Evidence Contrary to Court Order – Now Must Pay $155k Costs Award

The Honourable Mr. Justice Funt, of the British Columbia Supreme Court, lambasted ICBC last week for withholding evidence in a personal injury trial. Justice Funt rebuked ICBC for their misconduct and, for the first time ever, ordered them to pay...

09 September, 2016

Compensation for Perceived Disability

In the case of Agar v. Leonard, 2016 BCSC 1430, the Plaintiff was proceeding through an intersection when the Defendant suddenly turned left in front of her. She was unable to avoid the collision and hit the side of the Defendant’s...

08 September, 2016

Neck and Back Soft Tissue Injuries

In Virk v. Robertson, 2016 BCSC 1458, the Court considered a 27 year-old Plaintiff’s personal injury claim relating to a 2013 motor vehicle accident. The Plaintiff had been injured in a 2009 rear end collision in which there was minimal damage to...

06 September, 2016

Cost of Future Care

In personal injury claims, one of the heads of damages is “cost of future care”. This relates to expenses for treatments and services the injured person will require in the future, as a result of injuries sustained in the accident. ...

02 September, 2016

What is an Examination for Discovery?

If you are involved in a court case, you will likely be asked to attend at an Examination for Discovery. As a layperson, you may wonder what that is. Examinations for Discovery take place before the trial. They are usually held...

31 August, 2016

Hit & Run Drivers and Your Obligations

If you are involved in a hit and run accident, you have to try to find out the identity of the driver who left the scene. You have a statutory obligation under the Insurance (Vehicle) Act, R.S.B.C. 1996, c.231, to...

29 August, 2016

Full Costs Awarded at Trial Despite Split Liability

You may have heard about “costs” being awarded after a trial and wondered what those are. “Costs” are usually awarded to the party who is successful at trial. They are intended to be a partial (not actual) indemnity for legal...

26 August, 2016

Pedestrian Collisions

Faircrest v. Buchanan, 2015 BCSC 657, is an unusual case involving the collision of two pedestrians. In this case, Ms. Faircrest was injured while volunteering at Connolly Lodge, a mental health facility. During her volunteer shift, a patient became increasingly agitated. ...

24 August, 2016

Division of Costs in Unsuccessful Personal Injury Lawsuits

Not all personal injury lawsuits succeed. In Briante v. Vancouver Island Health Authority, 2014 BCSC 1511, the Plaintiff, represented by experienced counsel from another firm, failed to prove that the actions of the Defendants contributed to his injuries. As a...