15 September, 2017

Crumbling Skull Defence

A classic defense argument in personal injury cases is the “crumbling skull” argument. Essentially, ICBC argues that the Plaintiff had a pre-existing condition that they would have experienced regardless of whether or not the collision occurred. If ICBC can prove...

12 September, 2017

Slip and Fall on a City Bus

The mere fact that a passenger slips and falls while riding on a transit bus does not establish a prima facie case of negligence. The Plaintiff has to prove the bus driver breached the standard of care expected of a...

11 September, 2017

Plaintiffs in Five National Class Actions Team Up to Take Canada to Court in Canadian Armed Forces Systemic Sexual Assault and Harassment Class Actions

PR Newswire Sep. 7, 2017, 06:28 PM TORONTO, Sept. 7, 2017 /CNW/ - Plaintiffs in five separate class actions have agreed to work together to take Canada to court seeking policy changes and redress for systemic sexual assault, harassment, and discrimination in the Canadian Armed Forces....

08 September, 2017

Breaching Your Car Insurance Policy Results in Denial of Insurance Coverage

Normally your car insurance company will defend you if you cause a car accident, and they will pay any settlement reached or judgement awarded against you. However, if you are in breach of a policy condition of your insurance at...

01 September, 2017

How Much Can A Canadian Court Award You for Pain and Suffering?

You may have heard of injured parties in the United States being awarded millions of dollars for injuries sustained in a car accident. Don’t expect to receive large amounts like that from our Canadian courts because we have a limit...

29 August, 2017

Post-Collision Fertility Issues

In Wilhelmson v. Dumma, 2017 BCSC 616, the Court considered damages for a young female Plaintiff. She was the sole survivor of a horrendous, high-speed, head-on collision that killed three other people, including her boyfriend. An air ambulance transported her...

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...

15 August, 2017

Will Injuries Before and After a Motor Vehicle Accident Affect the Damages Award?

In the case of Lafond v. Mandair, 2017 BCSC 523, the Plaintiff was injured in a motor vehicle accident. Before the accident, he had experienced back pain. After the accident, he fell from a ladder and injured his back. The issue...