It is not an assault or battery when a certified citizen is forced into treatment against his or her will. Therefore, this patient was deemed to have consented to treatment because of his certification under the Mental Health Act. The claimant was a patient held under the Mental Health Act for 13 years. After being…
This claimant signed a membership waiver before being injured in a jiu-jitsu competition. He claimed the Jiu-Jitsu Academy was negligent in allowing him to compete in a higher weight class. The defendants however denied negligence and relied on two signed waiver forms preventing this slip and fall claim. The first waiver form was part of…
Free legal advice after a car accident is available online. However, a single legal consultation does not replace hiring a lawyer. As a result, the initial consult should not be considered legal advice but rather legal information. This is called a free legal consultation. The First Legal Consultation There should be little or no charge…
Public transit is the safest mode of transportation in Canada carrying over 2 billion passengers per year. Fully automated trains and bus networks are the future of safe public transportation in the Lower Mainland. However, autonomous fleets, such as Waymo, may have already hastened in a new era. An era of driverless ride sharing. Fleet…
This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…
Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…
The 2019 changes to ICBC benefits not only affect car accidents after April 1, 2019 but also all accidents before April 1, 2019. These changes affect claims in different ways. Ask your ICBC adjuster to explain in writing how the changes to ICBC affect your claim for ICBC benefits. Take time to read and understand…
Canadians are starting to purchase vehicles that claim to reduce the burden of driving. Tesla claims to be selling, for example, vehicles with “full self-driving capability”. In addition, Tesla claims the Model 3 will recognize and respond to traffic lights and stop signs providing automatic driving on city streets. In the small print Tesla, However,…
Being sued unfairly for expressions in the public interest costs thousands of dollars. Improper or bad faith lawsuits meant to bully, torment and terrify can result in serious mental injury. Stop the lawsuits immediately with an innovative court application for Protection of Public Participation ( 3P Application). Before learning how to stop your unfair lawsuit…
Injured while shopping in a grocery store or retail store can be embarrassing. However, slip and fall injuries can lead to serious life long disabilities. These cases often require handcrafted injury settlements, given the unique facts. Notwithstanding, there are three elements required to attain successful settlement of an injury claim against a store. Proving Duty…