05 Oct 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...

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03 Oct 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...

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30 Sep Black Ice and Inevitable Accident

To claim damages an injured Plaintiff must establish liability, proving that the Defendant was at fault.   In some cases, a Defendant may argue that he or she is not liable based on the “inevitable accident” defense.  In other words, there...

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29 Sep Thoracic Outlet Syndrome

In Hsu v. Choquette, 2015 BCSC 1123, the Court considered whether the Plaintiff developed thoracic outlet syndrome following a motor vehicle collision.  The court accepted that the motor vehicle collision caused “reasonably severe soft-tissue issues that go into spasm regularly,...

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23 Sep Eyelash Technician Seriously Injured in Unusual Accident

Many of the cases that personal injury lawyers handle involve motor vehicles hitting pedestrians, usually while they are crossing the street.  However, the case of Starchuk v. Hannig, 2016 BCSC 1655, is a unique pedestrian accident.In 2013, the Plaintiff was a...

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21 Sep ICBC Guilty of Abuse of Process

If a driver admits he was at fault in an accident in which his passengers are injured, doesn’t it make sense that that admission would apply to all the passengers?  Most of you are probably nodding your head “yes”.  Unfortunately,...

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19 Sep Past Wage Loss – Sick Leave Repayment

People injured in motor vehicle accidents often use their sick leave while trying to recover from their injuries.  As part of your personal injury settlement, ICBC should be asked to reimburse you for the loss of sick leave credits, so...

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14 Sep Watch Out For Cyclists When Turning Left

The case of Ilett v. Buckley, 2016 BCSC 1407, reaffirms that drivers must make sure they can turn left safely before proceeding.The Plaintiff was cycling on the shoulder of the northbound lane of Admirals Rd. As he proceeded through an intersection...

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