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Personal Injury

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Monday, April 08, 2019 @ 10:51 AM

FOR TORTS - Affecting the person - Assault

Action by Fong for damages for assault and battery, false arrest, and false imprisonment. In March 2006, Fong was the manager of the Oasis Hotel, located in Surrey, British Columbia. The primary feature of the Oasis Hotel was its large bar. The police viewed the Oasis Hotel as a problem establishment. ... [read more]

Monday, April 08, 2019 @ 9:54 AM

B.C. Attorney General’s Office says auto insurance changes ‘constitutionally sound’ despite lawsuit

A group representing trial lawyers in British Columbia has opened a new salvo against the provincial government’s controversial changes to the publicly owned Insurance Corporation of British Columbia (ICBC), arguing a number of provisions brought into force last year are unconstitutional. In May 2018, the B.C. legislature adopted reforms to deal with a significant financial shortfall at ICBC, including a cap of $5,500 on minor injury claims, an increase in accident benefits and sending some matters to the province’s Civil Resolution Tribunal (CRT). ... [read more]

Friday, April 05, 2019 @ 1:28 PM

How regulators must keep pace with autonomous vehicles caronroadatnight.jpg

The United States, Britain, Singapore and New Zealand are among the leading countries that have embraced autonomous vehicles and created legislation to oversee their development and deployment. The legislation in these countries provides fewer barriers for the integration of driverless vehicles on public roads and encourages innovation in the automotive industry. ... [read more]

Friday, April 05, 2019 @ 8:32 AM

FATAL ACCIDENTS ACT - Effect of legislation

Application by the defendant doctor for a determination of whether the plaintiff was entitled to bring a claim for a less favourable life expectancy or decreased survival rate. ... [read more]

Thursday, April 04, 2019 @ 2:08 PM

B.C. civil rule amendment could cut costs, timelines considerably businessmansshakingguy.jpg

A very significant amendment to the British Columbia Supreme Court Civil Rules was enacted without warning on Feb. 11, 2019, in relation to expert reports in motor vehicle claims and personal injury actions. The amendment applies to all personal injury actions as of Feb. 1, 2010. ... [read more]

Wednesday, April 03, 2019 @ 11:58 AM

Joint and several liability under attack Injuryinsurance

In my previous column, I advised that the Ontario government is reviewing auto insurance to “make it more affordable.” Since then, the government has also introduced a review of the principle of joint and several liability, at least in terms of how it affects municipalities. None of this can be good news for victims injured as a result of others’ negligence. ... [read more]

Wednesday, April 03, 2019 @ 8:28 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Pre-existing injury - Credibility

Appeal by the 59-year-old plaintiff from the assessment of her damages for personal injuries suffered in a motor vehicle accident in 2011. ... [read more]

Wednesday, March 27, 2019 @ 2:22 PM

Intentional tortfeasor not held contributorily liable for injury threepeoplebehinddesk.jpg

In Stoney v. Sound Stage Performance Inc. 2019 SKCA 18 (Stoney), the Saskatchewan Court of Appeal held The Contributory Negligence Act, RSS 1978, c C-31, did not allow “a defendant sued in negligence to commence a third party proceeding for contribution or indemnity based on an alleged intentional tort.” (at para. 4). ... [read more]

Wednesday, March 27, 2019 @ 2:08 PM

Corporate director owes duty of care to injured workers: Alberta Court of Appeal

The Alberta Court of Appeal has ruled a director of a construction company was liable for injuries suffered on a job site, despite his arguing any negligent act that may have been committed was done as an employee and not an officer of the company. The respondent, Doug Stewart, is a director of DWS Construction. He was involved in the installation of a temporary staircase in a home that later collapsed, injuring a number of workers from another company. ... [read more]

Monday, March 25, 2019 @ 11:47 AM

FATAL INJURIES - Claim by estate - Third party claims

Appeal by the Higgins Estate and family members from a judgment finding that their lost inheritance was not compensable under the Fatal Accidents Act. ... [read more]