14 December, 2021

Victoria, The Empress, and Our Troubling Celebration of Colonialism

I sat at the Q-Bar. Inside the Empress Hotel. Located in British Columbia’s capital city, Victoria. There are various oversized paintings of Queen Victoria and references to the British Crown throughout the hotel. I overheard someone at a neighbouring table expounding...

23 December, 2020

Defendant Who Hit Parked Vehicle Found Negligent

The Plaintiff in Toevs v. Williams, 2019 BCSC 2030, was injured in a motor vehicle accident he alleged was caused by the negligence of the Defendant. The Defendant denied he was negligent.The Plaintiff parked his vehicle in the parking lane...

23 December, 2020

Apportionment When Plaintiff at Fault in Second Accident

In Ploskon-Ciesla v. Brophy, 2020 BCSC 1873, the Plaintiff was injured in a motor vehicle accident, without any negligence on her part.  A few years later she was injured in a second accident for which she was at-fault.The court was asked...

23 December, 2020

Assessing Loss of Earning Capacity Where Plaintiff Paid in Cash

Credibility is often an issue in personal injury cases. In Doberstein v. Zhao, 2020 BCSC 1788, the judge found the Plaintiff credible in general but was troubled by the fact that she had defrauded the government by not filing tax returns...

22 December, 2020

Possible Divergent Interests of the Defendants

The Plaintiff in Alragheb v. Francis, 2020 BCSC 1712, was a Syrian refugee who had been involved in two motor vehicle accidents since arriving in Canada.In the first accident, the Plaintiff was riding his bicycle and he collided with a car...

22 December, 2020

Left Turning Vehicle Collides with Oncoming Car

The Plaintiff in Enns v. Corbett, 2020 BCSC 1680, sought damages for personal injuries sustained in a motor vehicle collision at an intersection.  The Plaintiff was making a left turn when his car was t-boned by a truck driven by...