19 Dec Substance Use Disorder

In British Columbia, Plaintiffs are obligated to take all reasonable measures to reduce their damages, including undergoing treatment to alleviate or cure injuries.  In a personal injury case in which the Plaintiff has not pursued a course of medical treatment...

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15 Dec The Defendant’s Prior Driving Record

Should a Plaintiff be allowed to include particulars about a Defendant’s prior driving record in personal injury pleadings?  There was no British Columbia authority on this issue until the recent case of Rezai v. Uddin, 2017 BCSC 1746.The Plaintiff was struck...

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08 Dec Damages for Assault

In Bajwa v. Deol, 2017 BCSC 1673, the Plaintiff and his wife attended a wedding celebration in Surrey.  As they were leaving the banquet hall, the Plaintiff was seriously injured when he was assaulted by the Defendant and an unidentified individual.The...

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05 Dec Be Responsible When Turning Left

In the case of Ratelle v. Barton, 2017 BCSC 1262, the Court was asked to determine who was responsible for a motorcycle accident near Whistler.The Plaintiff and a friend were riding their motorcycles north of Whistler on Highway 99, heading to...

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