Focus On

Personal Injury


Thursday, March 19, 2020 @ 8:22 AM

COVID-19 court closures: What to make of it and what to do | Gary Joseph

At the risk of some serious pushback, am I the only one upset by the Supreme Court of Justice shutdown? We are facing a serious health crisis that cannot be understated. We all need to implement safe office procedures, limit personal contact and perhaps more but we also have to continue to represent families who cannot sit on the sidelines while the courts are closed. Many are in need of support and cannot bring motions. Many are not seeing their children and cannot seek access. What happened to telephone conference calls, Skype and Zoom access? Do we simply park all our matters that are urgent but will not meet the test for urgency? ... [read more]

Wednesday, March 18, 2020 @ 1:46 PM

What B.C.’s no fault insurance system will mean for drivers Car insurance

Significant changes are coming to British Columbia’s public motor vehicle insurance system following three consecutive years of record losses. The government will move to what it calls a “care-based” system, commonly known as the no-fault model. The provincial Evidence Act will also be amended to limit the use of expert reports and recoverable disbursements. ... [read more]

Tuesday, March 17, 2020 @ 2:22 PM

Travel insurance in the time of COVID-19 World landmarks

As Canadians ready themselves for the spread of the global virus COVID-19, the whiplash-effect of cancellations and closure announcements continues at a dizzying speed. The travel industry stands out as one of the hardest hit to date because of COVID-19, and as a result, travel insurers are changing the way they do business. ... [read more]

Tuesday, March 17, 2020 @ 12:29 PM

Importance of Vavilov to family law mediation/arbitration process Arbitration form

The Supreme Court of Canada has recently taken the opportunity in the companion cases of Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 and Bell Canada v. Canada (Attorney General) 2019 SCC 66 to revisit the treatment of appeals of administrative decisions as well as judicial review and has rewritten the law governing two matters of administrative law. ... [read more]

Monday, March 16, 2020 @ 2:46 PM

‘Unconstitutional tax’ in B.C. has led to rise in auto insurance premiums, loss of benefits: lawsuit Scott Stanley, Murphy Battista LLP

British Columbia’s publicly-owned automobile insurer has faced numerous upheavals in recent years as it attempts to rein in costs. And now, it is facing a class action lawsuit which could potentially see a payout of nearly $1 billion being given to drivers and accident victims in the province. ... [read more]

Monday, March 16, 2020 @ 12:33 PM

In dogged pursuit of Punky’s Law Punky_sm.jpg

Who knew municipal law making happens at 10 p.m. on a Wednesday? Not me. I had put myself on the speaker’s list at city hall in Vancouver in reponse to a motion I read about concerning dangerous dogs that I believed needed a serious revision before it could help dogs and not inadvertently cause an access to justice for animals problem for dogs and their humans trying to access a second chance and to avail themselves of rehabilitation. ... [read more]

Tuesday, March 10, 2020 @ 8:30 AM

TRESPASS - To person - Defences

Appeal by the plaintiff from the dismissal of his claim for personal injuries against the defendant Wray. The appellant as injured during his arrest by Wray, a police officer. ... [read more]

Friday, March 06, 2020 @ 9:16 AM

‘Bright line’ needs to be drawn around jurors searching Internet, lawyer says Allen_Wynperle_sm

The issue of jurors searching the Internet for information during a trial, and the potential this has to skew verdicts, has been raised as a red flag by lawyers after the Ontario Court of Appeal dismissed an appeal in a personal injury case where the jury’s foreperson turned to a government website for information during deliberation. ... [read more]

Thursday, March 05, 2020 @ 11:15 AM

Patient safety and retained surgical items: Malpractice and negligence Operation

In the second of this two-part series, we will continue to explore retained surgical items, focusing on the roles and responsibilities of surgical team members and the medical malpractice and nursing negligence implications. ... [read more]

Thursday, March 05, 2020 @ 8:46 AM

Sedona Canada’s e-discovery initiatives: 2020 and beyond personal_information_security_sm

Sedona Canada is a very busy organization these days, with more projects underway in 2020 than at virtually any other time in the group’s history. ... [read more]