29 May, 2018

Right of Way At Stop Sign

In Belos v. Michaels, 2017 BCSC 1217, the Plaintiff was driving his motorcycle on a through road and the Defendant was stopped at a stop sign, waiting to enter onto the through road.  As the Plaintiff approached the intersection the Defendant...

22 May, 2018

Application to Strike Jury

In a personal injury trial, the Supreme Court Civil Rules give either party the right to unilaterally select trial by jury. If one party does not want the matter to be heard by a jury, the onus is on them...

15 May, 2018

Liability For A Collision At A Yellow Light

In the case of Chavez-Salinas v. Tower, 2017 BCSC 2068, the Plaintiff was involved in a collision at an intersection.  The Defendant denied liability for the accident.When the Plaintiff was one-half block away from the intersection, she observed the traffic signal...

09 May, 2018

Loss of Income for Plaintiff with Past Addiction Issue

In the case of Kirilenko v. Bowie, 2017 BCSC 2048, the Plaintiff was a cocaine addict who was badly injured in a motor vehicle collision.  His injuries included nerve damage to his left leg, internal injuries, and a brain injury.The fact that the Plaintiff had a cocaine addiction prior to the accident was important.  The evidence at trial was that prior to the accident the Plaintiff’s ability to function in the workforce was severely impaired by his cocaine abuse.
03 May, 2018

Say No to Caps on “Minor Injuries”

The BC NDP Government is currently rushing through legislation that places caps on "minor injuries" as defined by ICBC and NOT by doctors. This legislation is being hurried through the legislature without open and transparent consultations with the most vulnerable...

30 April, 2018

Plaintiff With Past Cocaine Addiction Sustains Injuries

The trial of Kirilenko v. Bowie, 2017 BCSC 2048, concerned the assessment of damages for injuries sustained by the Plaintiff, who was a cocaine addict at the time of the accident. The vehicle he was a passenger in made a left turn in front of an oncoming truck, leading to a collision. The Plaintiff sustained severe injuries in the collision, including internal injuries, nerve damage to his left leg and a brain injury.