24 July, 2015

Case Planning Conferences

In one of our firm’s recent cases (Stewart v. Robinson, 2014 BCSC 959), ICBC tried to set down an unnecessary Case Planning Conference over our objection. ICBC’s case plan proposal addressed dates for the exchange of further lists of documents...

20 July, 2015

Contributory Negligence When Riding in an Unsafe Vehicle

If you ride in a vehicle that you know is unsafe, you may be found contributory negligent for your injuries. In Wormald v. Chiarot, 2015 BCSC 272, a 15 year old Plaintiff was found to be 40% at fault for her...

16 July, 2015

Bus Passenger Contributorily Negligent

In Isaacs v. Coast Mountain Bus Company, 2014 BCSC 2212, the Plaintiff was an 82 year old woman who injured herself exiting the bus. The bus had come to a stop some distance away from the curb. The Plaintiff stated...

08 July, 2015

Road Rage Incident Caused Accident

In Davies v. Elston, 2014 BCSC 2435, a motorist was found at fault for a road rage incident. The Plaintiff, age 77, and his adult son were riding side by side in a bike lane. The Plaintiff’s son made a comment...

07 July, 2015

Occupier’s Liability

In Agar v. Webber, 2014 BCCA 297, the Defendant landowner had installed a ‘T’ shaped device to clean crabs on his dock. His neighbor, the Plaintiff, had been given permission to use the device but had not been given instruction...

06 July, 2015

Complicated Life Events and Stressors

The case of Wagner v. Newbery, 2015 BCSC 894, illustrates the court’s analysis when a Plaintiff alleging accident-related psychological injuries also encounters various life events before and after the accident. In this case, the court noted the following events and stressors in...

03 July, 2015

Competing Medical Experts Regarding Low Back Pain

In most cases, the Plaintiff and Defense experts have competing views of the case. How do the courts resolve this type of evidentiary issue? In Wagner v. Newbery, 2015 BCSC 894, there was an issue as to whether the accident caused the...

26 June, 2015

Diminished Work Capacity

In Gill v. Bhullar, 2015 BCSC 851, the Plaintiff sustained injuries to her neck and shoulder as a result of a motor vehicle accident that occurred in September 2010. Just a couple of months prior to the accident, the Plaintiff...

22 June, 2015

Pre-existing Medical Conditions

In Diep v. Cunha, 2015 BCSC 819, a 38 year old seamstress sustained injuries when struck as a pedestrian by the Defendant’s motor vehicle. Her injuries were primarily to her low back and left leg. The plaintiff suffered from severe scoliosis...

18 June, 2015

Costs in Cases Where Liability is Split Between the Plaintiff and the Defendant

In Cornish v. Khunkhun, 2015 BCSC 52, the Plaintiff was awarded damages for injuries suffered in a motor vehicle accident. Justice Skolrood’s reduced these damages by 50% after finding that both the Defendant and the Plaintiff were equally at fault...