12 August, 2019

Store Not Liable For Customer Assault

The Plaintiff in Tanaka v. London Drugs Limited, 2019 BCSC 1182, was physically assaulted by another customer while standing at the customer service desk of a London Drugs store. The Plaintiff sued London Drugs for the injuries he suffered in the...

07 August, 2019

Testimony of Family and Friends Very Important at Trial

Never underestimate how crucial lay witness testimony is in a personal injury trial. Judges do listen to it. In the case of Goldie v. McLean, 2019 BCSC 991, the Plaintiff, a previously active 41-year-old welder, sought damages arising out of two...

29 July, 2019

Mitigating Your Loss

In a personal injury action, the Plaintiff has a duty to take reasonable steps to limit his or her loss. The Defendant has to prove that the Plaintiff was unreasonable not to take steps to mitigate, and the loss would...

24 July, 2019

Plaintiff Awarded Costs

In Fong v. British Columbia (Minister of Justice), 2019 BCSC 969, the Plaintiff sought costs following a trial for injuries he suffered as a result of a “hard takedown” arrest by RCMP. At trial he sought damages of about $1.3...

19 July, 2019

Government of Canada announces settlement

Statement from the Department of National Defence and the Canadian Armed Forces From: National DefenceStatementJuly 18, 2019 – Ottawa – National Defence / Canadian Armed ForcesDeputy Minister Jody Thomas and Chief of the Defence Staff General Jonathan Vance issued the following statement:“Today,...

08 July, 2019

Assault By Police

In Fong v. British Columbia (Minister of Justice), 2019 BCSC 263, the Plaintiff was the manager of a hotel that attracted a rough crowd. The police attended there frequently, and the bar patrons and hotel staff were generally hostile to them.The...

02 July, 2019

Developer Not Responsible For Plaintiff’s Fall

In Lam v. Westbank Projects Corporation, 2018 BCSC 1708, the Plaintiff realtor attended an open house at a presentation centre. The presentation centre was established to market a new multi-unit condominium development. While there, the Plaintiff fell off a raised platform...

24 June, 2019

Two Vehicles Back Into Each Other

In the case of Strilec v. Leila, 2015 BCSC 1515, liability for the accident was in dispute. The accident happened as the Plaintiff and his family were driving to a charitable organization to drop off some donations. The Plaintiff realized he...

18 June, 2019

Waivers at Ski Hills

Do those waivers of liability on the back of your ski ticket have any effect?  In the case of Apps v. Grouse Mountain Resorts Ltd., 2019 BCSC 855, the Plaintiff was seriously injured in a snowboarding accident at Grouse Mountain. He...

10 June, 2019

Passing on the Right

Having you ever been waiting to turn left and had vehicles pass you on the right?  You may have wondered if this is even legal.  In general, it’s not legal to pass on the right in British Columbia…with three exceptions. ...