27 Aug Real Estate Agents and WCB

A recent Workers Compensation Act case, WCAT-2015-02345, involved Ms. Schumann, a real estate agent injured in a motor vehicle accident.  ICBC argued that she was a “worker” as defined by the Workers Compensation Act at the time of the collision...

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12 Aug Use of Interpreters at Trial

Kim v. Khaw, 2014 BCSC 2221, is a case that dealt with the question of whether the use of an interpreter is relevant to the assessment of a Plaintiff’s credibility. The Plaintiff had testified through an interpreter but had served...

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06 Aug Can I Still Accept the Offer?

In personal injury cases, the Plaintiff’s lawyer and ICBC typically exchange multiple offers.  These usually include “formal” and “informal” offers.  The main difference is whether one can bring the offer to the court’s attention after trial, in order to seek...

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24 Jul Case Planning Conferences

In one of our firm’s recent cases (Stewart v. Robinson, 2014 BCSC 959), ICBC tried to set down an unnecessary Case Planning Conference over our objection.  ICBC’s case plan proposal addressed dates for the exchange of further lists of documents...

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08 Jul Road Rage Incident Caused Accident

In Davies v. Elston, 2014 BCSC 2435, a motorist was found at fault for a road rage incident.  The Plaintiff, age 77, and his adult son were riding side by side in a bike lane. The Plaintiff’s son made a comment...

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07 Jul Occupier’s Liability

In Agar v. Webber, 2014 BCCA 297, the Defendant landowner had installed a ‘T’ shaped device to clean crabs on his dock. His neighbor, the Plaintiff, had been given permission to use the device but had not been given instruction...

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