06 September, 2016

Cost of Future Care

In personal injury claims, one of the heads of damages is “cost of future care”.  This relates to expenses for treatments and services the injured person will require in the future, as a result of injuries sustained in the accident. ...

02 September, 2016

What is an Examination for Discovery?

If you are involved in a court case, you will likely be asked to attend at an Examination for Discovery.  As a layperson, you may wonder what that is.Examinations for Discovery take place before the trial.  They are usually held...

31 August, 2016

Hit & Run Drivers and Your Obligations

If you are involved in a hit and run accident, you have to try to find out the identity of the driver who left the scene.  You have a statutory obligation under the Insurance (Vehicle) Act, R.S.B.C. 1996, c.231, to...

29 August, 2016

Full Costs Awarded at Trial Despite Split Liability

You may have heard about “costs” being awarded after a trial and wondered what those are.  “Costs” are usually awarded to the party who is successful at trial. They are intended to be a partial (not actual) indemnity for legal...

26 August, 2016

Pedestrian Collisions

Faircrest v. Buchanan, 2015 BCSC 657, is an unusual case involving the collision of two pedestrians.  In this case, Ms. Faircrest was injured while volunteering at Connolly Lodge, a mental health facility.  During her volunteer shift, a patient became increasingly agitated. ...

24 August, 2016

Division of Costs in Unsuccessful Personal Injury Lawsuits

Not all personal injury lawsuits succeed. In Briante v. Vancouver Island Health Authority, 2014 BCSC 1511, the Plaintiff, represented by experienced counsel from another firm, failed to prove that the actions of the Defendants contributed to his injuries. As a...

22 August, 2016

Reopening Trial to Adduce Important and Fresh Evidence

After a trial has finished, it is not unusual for it to take several months for the Judge to write his or her decision.  What happens if new evidence comes to light before the decision is delivered?  Can the trial...

17 August, 2016

Limitation Period in Slip and Fall Cases

If you are injured in a slip and fall, you have two years to file a court action.  If you do not do this within the two-year limitation period, you will be barred from making a claim against the owner...