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...

22 August, 2016

Reopening Trial to Adduce Important and Fresh Evidence

After a trial has finished, it is not unusual for it to take several months for the Judge to write his or her decision.  What happens if new evidence comes to light before the decision is delivered?  Can the trial...

17 August, 2016

Limitation Period in Slip and Fall Cases

If you are injured in a slip and fall, you have two years to file a court action.  If you do not do this within the two-year limitation period, you will be barred from making a claim against the owner...

05 August, 2016

Identifying Hit and Run Drivers

If you are injured by a hit and run driver, the onus is on you to try to identify that driver.  You must make all reasonable efforts to find that driver and if you don’t, your personal injury claim may...