06 April, 2016

Dogs Can Be a Distraction While Driving

As much as you love your dog, taking it for a ride in the car with you can be distracting. And distraction is one of the leading contributing factors in motor vehicle deaths on B.C. roads. According to police data,...

04 April, 2016

In the “Right” Place at the Wrong Time: Court Denies Damages to Driver Passing on the Right

In a recent decision, Madam Justice Devlin of the BC Supreme Court denied damages to the Plaintiff, Ms. Ali (Ali v. Surrey (City), 2016 BCSC 151). The accident occurred when the Defendant was turning right out of a parking lot onto...

30 March, 2016

Sharing the Road – The Need for Increased Vigilance By Drivers and Cyclists

As the spring weather returns to Victoria, many people will begin riding their bikes to work or for pleasure. The news of a recent cyclist fatality in downtown Victoria should act as a reminder that the warmer weather brings with...

30 March, 2016

The Importance of Accurate Physician Records.

In Sequeira v. Higgins, 2015 BCSC 1192, the Plaintiff was a physically fit 81-year old. After retiring from his job as a heavy duty mechanic at the age of 60, he worked as a fitness instructor until he was in his...

24 March, 2016

The Effect of Two Back-to-Back Low Impact Accidents

When people are involved in more than one accident, the subsequent accident often aggravates the injuries sustained in the first accident. That is what happened in Duda v. Sekhon, 2015 BCSC 2393, when the Plaintiff was involved in two accidents within...

22 March, 2016

Details, Details, Details: Compiling a Credible Personal Injury Claim

Like any litigation, personal injury lawsuits often focus on the details – who did what, when, where, why and to whom. More often than not, some of the most important details in personal injury cases come from the injured person’s medical...

17 March, 2016

Another loss for ICBC: jury awards $216k for hit and run that ICBC said never happened

“You can win. You can fight ICBC. Tell the truth — just don’t give up.” – Dainya Watson, after winning a lengthy legal battle against ICBC that resulted in an award of over $216k in damages. On January 11, 2013, a...

16 March, 2016

The Importance of Examination for Discovery Testimony at Trial

Pursuing a personal injury claim against ICBC involves many steps. One of the most important steps in this process is the Examination for Discovery, which takes place before the trial. An Examination for Discovery is an opportunity for the Defense lawyer...

14 March, 2016

The Dangers of Representing Yourself in a Personal Injury Claim

Sometimes injured persons attempt to advance their own claim without the assistance of a lawyer. Unfortunately, this often leads to disappointing results and unforeseen consequences that could have been avoided with the advice and advocacy that a lawyer provides. Hiring a...

10 March, 2016

Inconsistent Evidence at Trial

If your testimony at trial is not consistent with the medical or employment evidence, the Court may not rely on your testimony when making its decision. In Ben-Yosef v. Dasanjh, 2016 BCSC 360, the Plaintiff was struck in a crosswalk by...