16 May, 2016

Changing the Venue of Your Trial

A Plaintiff usually sets the trial in the city where he or she resides.  However, on occasion trials are set in another venue.  If that other venue is not convenient to the Defendant, they might apply to the Court to...

09 May, 2016

Pedestrian Struck By Vehicle in a Crosswalk

When a pedestrian is struck in a crosswalk, what laws come into play?  Section 179 of the Motor Vehicle Act is the statute that governs the rights of way between pedestrians and motor vehicles. The relevant sections of that provision...

04 May, 2016

Credibility of the Plaintiff is Important

Credibility of the Plaintiff in personal injury actions is very important.  In order to assess the appropriate level of compensation, the Court often must rely on the subjective evidence of the Plaintiff concerning the areas of injury, the level of...

29 April, 2016

Hard-Working Immigrant Injured in Motor Vehicle Accident

In the recent case of Manoharan v. Kaur, 2016 BCSC 692, the Plaintiff, a 47 year old immigrant from India was injured in a motor vehicle accident.  At the time of the accident, the Plaintiff was working at an accounting firm....

27 April, 2016

Mitigating Your Losses

Whenever a plaintiff suffers injury due to the negligence of another person, they have a duty to take reasonable steps to get better and reduce the damages payable by the defendant. The defendant is not liable to pay the plaintiff...

26 April, 2016

ICBC Ordered to Pay Double Costs in Arsenovski Case

You may have seen the recent news report where ICBC was ordered to pay almost $400,000 in damages to a plaintiff that the corporation had falsely accused of fraud. http://www.cbc.ca/news/canada/british-columbia/icbc-malicious-prosecution-1.3473693In a follow-up judgement, Madam Justice Griffin has ordered ICBC to...

22 April, 2016

Double Costs

Prior to trial, the Plaintiff and Defendant normally exchange settlement offers as part of the negotiation process…and the Court rules encourage early settlement.  If the matter proceeds to trial, under the Court rules the successful party is typically entitled to...