21 Nov Collision with a Train

The case of Chand v. Martin, 2017 BCSC 660, involved a collision between a motor vehicle and a train owned and operated by Southern Railway of British Columbia Limited (“Southern”). The accident occurred at a railway crossing in Surrey, BC. As...

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29 Sep Perjury at Trial

In the case of Dizon v. Losier, 2017 BCSC 431, the Plaintiff was injured when his SUV was hit from behind by a truck driven by the Defendant.  At trial, the Plaintiff said that the light had turned amber and he...

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22 Sep Headaches

In Thompson v. Helgeson, 2017 BCSC 92, the Court assessed damages for debilitating headaches that seriously affected the Plaintiff’s ability to function personally and socially, and rendered her unemployable.The 45 year old Plaintiff had a history of depression and anxiety prior...

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19 Sep Left-Turning Vehicle

In Riley v. Ritsco, 2017 BCSC 925, the Court considered liability between a left-turning vehicle and a straight-through driver. Ms. Tones and her passenger, the Plaintiff Riley, were travelling straight through an intersection on the Lougheed Highway at 216th Street.  Ms. Tones...

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15 Sep Crumbling Skull Defence

A classic defense argument in personal injury cases is the “crumbling skull” argument.  Essentially, ICBC argues that the Plaintiff had a pre-existing condition that they would have experienced regardless of whether or not the collision occurred.  If ICBC can prove...

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12 Sep Slip and Fall on a City Bus

The mere fact that a passenger slips and falls while riding on a transit bus does not establish a prima facie case of negligence. The Plaintiff has to prove the bus driver breached the standard of care expected of a...

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