Focus On

Personal Injury


Wednesday, February 19, 2020 @ 11:16 AM

Hockey player liable for opponent head injury 2 hockey players

As playoff season begins across the country, Canadians’ fascination and sometimes obsession with hockey goes into high gear. The stereotype of the hockey player missing teeth and “playing through the pain” is born of the fact that many consider injuries to be as much a part of the sport as ice and stale coffee (or a “cold one” in the dressing room). ... [read more]

Tuesday, February 18, 2020 @ 9:04 AM

Boosting the rate of technology adoption | Aaron Baer

For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. After all, it’s not unreasonable to wonder how the use of data analytics, process mapping or new technology within a law firm can be considered to be innovative. But the reality is that lawyers (and law firms) are often resistant to change. Being trained to identify all potential risks and being subject to a system that relies so heavily on precedent doesn’t exactly align itself well to change. And of course, there’s the incentive misalignment that will remain present in the legal profession so long as the billable hour reigns supreme. ... [read more]

Friday, February 14, 2020 @ 1:27 PM

Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters First-aid kit on balance with money

In the case of Stewart v. Lloyd’s Underwriters 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of the duty of good faith. The court held that punitive damages were warranted and awarded $100,000, the largest award in B.C. since Whiten. ... [read more]

Thursday, February 13, 2020 @ 12:57 PM

Social media effect: Privacy and proper use of surveillance at trial Social media icons

Over the years, surveillance has evolved. With the rise of social media, online surveillance has become a common method of choice by insurers. Parameters surrounding how broad and far-reaching the practice should be, and how best to balance it with rights to privacy, have become the focal point of many legal motions and arguments. ... [read more]

Thursday, February 13, 2020 @ 9:01 AM

LIABILITIES OF MUNICIPALITY - Duty of care - Property maintenance and operation - Sidewalks

Appeal by the plaintiff from the dismissal of her action for damages for personal injuries suffered in a slip and fall. The appellant suffered a serious injury to her leg after she slipped in a snowbank created by the City’s work crew who plowed the street after a heavy snowfall. ... [read more]

Wednesday, February 12, 2020 @ 1:06 PM

Carte blanche for Crown prosecutors in ‘complex cases’? complexpuzzle

The Ontario Court of Appeal has issued a decision regarding the “particularly complex case” exemption that will likely make it more difficult for defendants in complex criminal and regulatory prosecutions to assert their Charter right to be tried within a reasonable time. ... [read more]

Tuesday, February 11, 2020 @ 12:38 PM

Hot-tubbing and pretrial meetings between damages experts People meeting at table

Although the case was dismissed and no damages were awarded, Justice Darla A. Wilson concluded that the quantum of the financial dependency claim should have been resolved before trial, leaving only the liability and causation issues to be determined at trial. ... [read more]

Tuesday, February 11, 2020 @ 12:16 PM

B.C. no-fault insurance plan will reduce victims’ rights, harm vulnerable people: lawyers CBABC president Ken Armstrong

The government of British Columbia has announced plans to transition to a no-fault automobile insurance system to deal with ballooning costs at the provincially owned Insurance Corporation of British Columbia (ICBC), a move that has raised the ire of many in the provincial legal community. ... [read more]

Monday, February 10, 2020 @ 3:28 PM

Off-coverage positions: Requirement for reasons Car insurance form

An insurance company denying coverage and adding itself as a statutory third party can have major implications on an injured plaintiff’s ability to recover adequate compensation for their injuries. ... [read more]

Thursday, February 06, 2020 @ 12:42 PM

Uncovering the gap: the Horse Riding Safety Act Kids riding ponies

The purpose of the Horse Riding Safety Act is to increase the safety of horse riders. However, while it would appear that this piece of legislation was implemented with the best of intentions, it actually results in a large proportion of riders excluded from its reach. ... [read more]