21 October, 2015

Negligence of Bus Drivers

Have you ever been on a city bus when the driver braked suddenly?  What happens when a passenger on a bus is injured when the bus stops too quickly?The court looked at this situation in Benavides v. Doe, 2015 BCSC...

15 October, 2015

Have You Been In More Than One Accident?

Nowadays it’s not unusual for people to be in more than one motor vehicle accident in their lifetime. Some people are unfortunate enough to be involved in three or four accidents, or more.  Being in multiple accidents is difficult because...

07 October, 2015

Plaintiff with a Complex Pre-Accident Social History

Wouldn’t it be nice if everyone was a law-abiding citizen who had a steady job with no unemployment history, no previous injuries and no medical conditions?  But the fact of the matter is that people’s lives are complicated.  Because that’s...

30 September, 2015

Struck by Oncoming Vehicle

Have you ever been on a roadway that had no centre line and felt that oncoming traffic was encroaching on your side of the road?  Who would be at fault if there was a collision?In Ferguson v. Brown, 2015 BCSC...

23 September, 2015

Elderly Plaintiffs

Do elderly plaintiffs deserve to have their age taken into consideration when the court awards damages?  In the case of Mathroo v. Edge-Partington,  2015 BCSC 122, the Plaintiff was an 84 year old pedestrian struck by a motor vehicle in...

21 September, 2015

Lumbar Facet Syndrome

In Villing v. Husseni,  2015 BCSC 1604, the Plaintiff was a young woman attending paralegal school with the goal of becoming a paralegal and possibly a lawyer. She was involved in a motor vehicle collision where liability was admitted by...

18 September, 2015

Kava and ICBC’s Evidentiary Burden to Prove a Breach

In Venkataya v. Insurance Corporation of British Columbia,  2015 BCSC 1583, the Plaintiff was involved in a single vehicle collision after having attended a gathering at a friend’s home where food was eaten and Kava, Fiji’s national drink, was drank....

16 September, 2015

Accidents Involving Emergency Vehicles

In the case of Maddex v. Sigouin,  2014 BCCA 213,  the Plaintiff was a police officer struck by the Defendant when the Defendant attempted to pass the police vehicle on the left in a lane dedicated to left turning vehicles....

15 September, 2015

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...

27 August, 2015

Real Estate Agents and WCB

A recent Workers Compensation Act case, WCAT-2015-02345, involved Ms. Schumann, a real estate agent injured in a motor vehicle accident.  ICBC argued that she was a “worker” as defined by the Workers Compensation Act at the time of the collision...