25 August, 2017

Psychiatric Medication Post-Collision

In the case of Wilhelmson v. Dumma, 2017 BCSC 616, the Plaintiff was the sole survivor of a horrendous, high-speed collision that killed three other people, including her boyfriend. She had to be resuscitated at the scene and was airlifted...

22 August, 2017

Self-Represented Cyclist Loses Claims

Sometimes Plaintiffs decide not to hire a lawyer and instead represent themselves in their personal injury cases.  In the case of Jurisevic v. Rideout, 2013 BCSC 823, the Plaintiff had been in 12 road accidents between 1996 and 2012.  In the...

18 August, 2017

Release Signed Before Skiing Lesson Accident

When you take a skiing lesson, you normally sign a waiver which releases the ski hill and skiing instructor from liability, should you be hurt during the lesson. In the case of Braun v. Whistler Mountain Resort Limited Partnership, 2016 BCSC...

11 August, 2017

Addiction to Pain Medication Following A Motor Vehicle Accident

It is well known that if a Defendant injures a Plaintiff, the Defendant must compensate the Plaintiff for the harm that was caused. But what if the Plaintiff requires prescription medication to manage the pain caused by the injury, and...

09 August, 2017

Commercial Host Liability

When people drink in a commercial establishment, does the bar or restaurant have a duty to ensure that they don’t leave the premises drunk and then drive? The Court considered this issue in Widdowson v. Rockwell, 2017 BCSC 385.On the day...

12 July, 2017

Liability When Turning Left

In the case of Schlachter v. Foster, 2017 BCSC 300, the only issue to be determined was who was responsible for causing the accident. The Plaintiff was driving through an intersection just after the light turned yellow when he hit the...

07 July, 2017

What Happens If My Neighbour Assaults Me?

The Court considered a neighbour assault, or battery, in Rycroft v. Rego, 2017 BCSC 373.  The Plaintiff lived in a rented house on a large acreage at the time of the assault.  His son and a friend had set-up a BMX...

04 July, 2017

Hip Injury Following Rear-End Collision

In Erwin v. Buhler, 2017 BCSC 362, the Plaintiff injured his neck, back and hip following a rear-end collision in 2011.  The issue was whether or not the collision caused the pain in his right hip.  The Defendant argued the collision...

30 June, 2017

Who is at Fault When You Slip and Fall in a Store?

If you are injured when you slip and fall in a store, the store is not automatically liable.  The onus is on you to prove liability.  You do this by (1) establishing that the floor was unreasonably slippery due to...