Property Owner’s Duty of Care The Occupiers Liability Act establishes responsibility upon property owners and occupiers to ensure their premises are safe and free of hazards. It creates a duty of care which is summarized as follows: The duty of care is to take reasonable care in the circumstances to make the premises safe The…
The ICBC injury claimant was injured in a 2013 motor vehicle accident. The collision occurred in Burnaby at Nelson Avenue and Hazel Street when he was traveling straight and was hit by the defendant who was turning left from the opposite direction. At trial Christensen v. Jand 2018 BCSC 1294 , the experts agreed that…
The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…
Written by Ms. Jacqueline A. Small, B.A. LL.B. – A property owner owes a duty of care to workers carrying out construction work on the business or home. Home and business owners could be responsible for injuries suffered by workers not protected from risks and hazards. This includes falling injuries and slip and fall. Occupier’s Liability…
A very tragic motor vehicle accident occurred in Trail, BC when a young woman was killed after getting hit by a vehicle driven by an elderly driver. Despite having his driver’s licence revoked for being legally blind, he was a regular fixture in the community driving to and from Tim Hortons at the same time…
Written by Jacqueline A. Small, B.A. LL.B Restaurant liability for customer injuries can result in significant money awards. Failure to provide warning signs can result in monetary compensation to the injured. Poor maintenance will also expose the restaurant owner to liability. A restaurant owes a duty to take reasonable care that customers on its premises…
Written by Ms. Jacqueline A. Small, B.A. LL.B In this personal injury case the ICBC injury claimant was rear-ended while stopped for traffic on the Lions Gate Bridge in Vancouver (Verjee v. Dunbrak 2019 BCSC 1696). At trial, the injury claimant argued that the motor vehicle accident caused her to suffer from ongoing chronic pain in…
Surveillance is one of the main tools ICBC uses to investigate ICBC injury claims. While some level of investigation is important to verify ICBC injury claims, in reality ICBC often uses surveillance to uncover evidence to discredit injured claimants and attack their claims. To this end, ICBC routinely hires private investigators to follow and videotape…
This personal injury taxi passenger was accused of failing to wear a seatbelt, resulting in his own injury. The collision occurred while the claimant was a passenger in a taxi at 12th Avenue near Larch Street in Vancouver. The claimant admitted he was not wearing a seatbelt at the time of the car accident, even…
This ICBC injury claimant was rear-ended in 4 motor vehicle accidents within a 2 year period. The first whiplash injury occurred at the intersection of Lougheed Highway and 207th Street in Maple Ridge. She gave evidence that funding requests had been sent to ICBC for treatment but no funding was approved. The second accident occurred…
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