Since 2010, Holness and Small Law Group has written over 1000 legal blog articles. We believe that staying informed and current with personal injury news and case developments is essential to providing proper legal services to our clients when advocating for their rights.
Can workers or customers sue business owners for contracting the coronavirus? The answer is yes if they are negligent. Essential service businesses, however, are not liable for infecting a person during the pandemic unless grossly negligent. Normal negligence for spreading COVID-19 does not apply to essential businesses. Business liability for covid-19 is dependent on the…
A limitation date is a specific period of time that people have to start a legal proceeding when suing in the civil justice system which includes suing in slip and fall claims. In 2013, the current Limitation Act came into force which sets out the time limits for filing civil lawsuits. This new reformed act…
Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…
The CBC News once asked the question whether Vancouver was Silicon Valley North? Since that time, the technology industry in this City has grown and boomed. Concurrently, the technology with Autonomous Vehicles has advanced immensely. But what is the current status of Autonomous Vehicles in the USA, Canada and Vancouver? When will we be able…
The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…
If you are injured because of a slip and fall on ice on private property, you may have an injury claim against the occupier of the property for breaching the duty of care for failing to keep the area reasonably safe from hazards (ice). Who the occupier is will depend on the circumstances. An occupier…
There are several legal implications arising from the sudden spread of COVID-19 (coronavirus) into a global pandemic. For businesses, contracts, investment and funding arrangements will be tested and maybe breached. Emergency and “act of God” clauses are being reviewed for venture projects. Supplies chain agreements and funding provisions are now under legal scrutiny. Coronavirus is…
If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…
Occupier’s liability in British Columbia imposes a duty on occupiers to take reasonable care that users of their premises are reasonably safe. This duty of care can be limited and excluded by an occupier in certain circumstances such as through releases and waivers of liability which are often required as a condition of participating in…
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…
