31 October, 2016

How a dangerous left turn left to tragedy on Malahat

KATIE DEROSA / TIMES COLONIST OCTOBER 28, 2016 09:19 AM UPDATED: OCTOBER 29, 2016 10:25 AM Crash on Malahat near near McCurdy Drive on Oct. 27, 2016 Two vehicles crashed on the Malahat near McCurdy Drive during rush hour on Thursday afternoon. Oct. 27,...

26 October, 2016

Left-Turning Drivers Need to Look for Themselves

When traffic is backed up and an oncoming driver wants to turn left, it’s not unusual for a well-meaning motorist to wave the driver through the turn.  However, sometimes this simple gesture can result in a serious accident. The law...

24 October, 2016

Part 7 “No Fault” Benefits

In addition to seeking compensation from the Defendant driver in a motor vehicle accident, inured parties can also claim ‘Part 7 Benefits’. Part 7 benefits are named after the section of the Insurance (Vehicle) Act which provides for up to...

21 October, 2016

Compensation for Loss of Ability to Maintain Your Home

The purpose of awarding a Plaintiff damages for the Defendant’s negligence is to restore the Plaintiff to the position they would have been in had the negligence not occurred. This involves claiming compensation for pain and suffering, lost wages and...

19 October, 2016

Business Losses Post-Collision

In Singh v. Soper, 2016 BCSC 1748, the Plaintiff claimed business losses following a February, 2006, motor vehicle collision.  He was 64 years old at trial. At the time of the accident, the Plaintiff was driving a truck he had leased.  He...

17 October, 2016

Collision Causes Stroke

Injuries caused by motor vehicle accidents are not always straightforward. In McKenzie v. Lloyd, 2016 BCSC 174, the Plaintiff was involved in four motor vehicle collisions over a three-year time period. The key issue before the Court was the cause of...

07 October, 2016

Your Obligation to Locate an Unidentified Driver

In the case of Lapointe v. John Doe, 2015 BCSC 428, the Plaintiff was injured when her vehicle was forced off the road by an unknown driver.  She brought a summary trial application to determine, amongst other things, whether she had...

05 October, 2016

Mitigation

In many cases, the Courts have reduced an award for damages due to a Plaintiff’s failure to mitigate. Examples commonly argued by ICBC include failing to pursue a recommended therapy or medication recommended by doctors, failing to lose weight and...

03 October, 2016

The Liability of Commercial Hosts That Serve Alcohol

A commercial establishment has obligations with respect to serving liquor to an intoxicated patron.  The law requires commercial hosts: To refrain from selling or giving liquor to an intoxicated person; To refrain from selling or giving liquor to a person apparently under...