As I have written in previous articles, cycling as a primary mode of transportation is increasing in popularity in urban settings especially in Vancouver. While there are a number of dedicated bike lanes, the number of streets without dedicated bike lanes far outweigh the number of streets with them. Section 183 of the Motor Vehicle…
If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…
There are a number of challenges in proving causation against a doctor. Medicine is often described as an art, not a science, because it is imprecise and unpredictable. Diagnostic procedures and tests can often be imperfect. Patients may present with confusing or inconsistent signs and symptoms. Treatments often carry risk of poor outcomes or side…
The recent announcement by the NDP of a complete overhaul of ICBC into no fault insurance is not fully understood by most British Columbians. In fact, the NDP has completely duped the public into believing that this is a good thing. Only ICBC and the NDP will benefit from no fault insurance. One of the…
Howe v. Hwang 2018 BCSC 90 involved a medical malpractice claim where the injured claimant alleged that not only the wrong surgery was performed on her by the defendant doctor, but that the wrong surgery was done incorrectly resulting in life threatening complications and additional surgeries to save her life. The parties agreed on quantum…
In order to succeed in a slip and fall claim against an owner or occupier of private property, an injured claimant must provide evidence of causation which is a connection between the wrongdoing of the occupier and the injury. An owner or occupier of private property owes the public a duty of care to take…
In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…
As was reported in a recent blog post, ICBC in 2019 rolled out its new policy of withdrawing settlement offers and replacing them with unreasonably low settlement offers. The result has been two-fold. First, ICBC is now dragging out claims for as long as possible in hopes that an injured claimant will give up and…
Dedicated bike lanes are now a commonplace in Vancouver. In fact, it has been 10 years since the first dedicated bike lane on Burrard Street Bridge was opened to much controversy after 2 prior unsuccessful attempts. With cycling becoming a more popular form of transportation, there is more potential for accidents to occur with vehicles.…
As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…
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