16 September, 2019

Informed Consent When Treated By Dentists

The Plaintiff in the case of De Sousa v. Rogers, 2019 BCSC 128, sued two dentists. She submitted that the first dentist failed to obtain her informed consent for the extraction of a tooth and the second dentist failed to obtain...

10 September, 2019

Alleged Dental Malpractice

The Plaintiff in the case of De Sousa v. Rogers, 2019 BCSC 128, sued two dentists. She alleged that she had received negligent dental work from both Defendants and that her life was dramatically altered as a result.The Plaintiff claimed one...

03 September, 2019

Plaintiff Applies To Strike Defendant’s Jury Notice

In Lee v. Averbach, 2019 BCSC 1280, the Plaintiff applied for an order that the Defendant’s jury notice be set aside and the trial proceed without a jury.The Plaintiff relied on Rule 12-6(5)(a) of the Supreme Court Civil Rules, which allows...

12 August, 2019

Store Not Liable For Customer Assault

The Plaintiff in Tanaka v. London Drugs Limited, 2019 BCSC 1182, was physically assaulted by another customer while standing at the customer service desk of a London Drugs store. The Plaintiff sued London Drugs for the injuries he suffered in the...

07 August, 2019

Testimony of Family and Friends Very Important at Trial

Never underestimate how crucial lay witness testimony is in a personal injury trial. Judges do listen to it. In the case of Goldie v. McLean, 2019 BCSC 991, the Plaintiff, a previously active 41-year-old welder, sought damages arising out of two...

29 July, 2019

Mitigating Your Loss

In a personal injury action, the Plaintiff has a duty to take reasonable steps to limit his or her loss. The Defendant has to prove that the Plaintiff was unreasonable not to take steps to mitigate, and the loss would...

24 July, 2019

Plaintiff Awarded Costs

In Fong v. British Columbia (Minister of Justice), 2019 BCSC 969, the Plaintiff sought costs following a trial for injuries he suffered as a result of a “hard takedown” arrest by RCMP. At trial he sought damages of about $1.3...

19 July, 2019

Government of Canada announces settlement

Statement from the Department of National Defence and the Canadian Armed Forces From: National DefenceStatementJuly 18, 2019 – Ottawa – National Defence / Canadian Armed ForcesDeputy Minister Jody Thomas and Chief of the Defence Staff General Jonathan Vance issued the following statement:“Today,...

08 July, 2019

Assault By Police

In Fong v. British Columbia (Minister of Justice), 2019 BCSC 263, the Plaintiff was the manager of a hotel that attracted a rough crowd. The police attended there frequently, and the bar patrons and hotel staff were generally hostile to them.The...