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...

05 August, 2016

Identifying Hit and Run Drivers

If you are injured by a hit and run driver, the onus is on you to try to identify that driver.  You must make all reasonable efforts to find that driver and if you don’t, your personal injury claim may...

04 August, 2016

Pokémon Go: The Real Life Perils of Hunting Virtual Monsters

Pokémon Go is a cultural phenomenon. On street corners, in parks, along the Galloping Goose and even on the lawn of the BC Legislature, young and old alike are hurling virtual PokéBalls at Drowzees, Dratinis, and Magikarp in an epic...

03 August, 2016

Time Limitation in Medical Malpractice Cases

A plaintiff claiming damages for personal injuries resulting from alleged negligent medical treatment must do so within two years of the treatment.  This limitation period is set out in s. 3(2)(a) of the Limitation Act, R.S.B.C. 1996, c. 266. This two year...

02 August, 2016

Personal Injury Settlements and Government Benefits

If you are in receipt of government benefits and are then injured in an accident for which you receive a settlement, what happens? In the case of Shongu v. Jing, 2016 BCSC 901, the Plaintiff was injured in a motor vehicle accident...