In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply troubled by the positions plaintiff’s counsel took on this application, including seeking an order for…
In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the senior’s housing facility, Parkdale,…
This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…
This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury. The claimant sought damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took place at the Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…
This injury claimant sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort. The claimant said that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge condominium complex led him over a sheer ten-foot drop down into a parking lot. As…
This personal injury claim arises from injuries suffered while the claimant was a guest at the defendants’ home. The claimant brought this application for an order that the defendants disclose an independent adjuster’s report and audio statements over which litigation privilege was claimed.(Drewniak v. Law, 2017 BCSC 1565) The documents sought were created after the personal injury lawyer for…
In this personal injury case a very competent young lawyer was tragically rendered less capable overall from earning income from all types of employment due to a falling injury resulting in brain injury. She was awarded $5.1 for her loss of earning capacity (click here for full case 2010 BCSC 1111). The judge found that it was highly…
This “slip and fall” personal injury claim was brought after a customer of the Chopped Leaf Restaurant in Kelowna slipped on an unknown food item (Robinson v. 1390709 Alberta Ltd.,2017 BCCA 175). The Court of Appeal has confirmed two important elements in establishing negligence in slip and fall cases: It is not good enough for a business…
Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324). The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…
Injuries caused by fire can often be prevented by the use of fire alarms, commonsense. However, the Court of Appeal does not accept this as commonsense, and dismissed this renter’s injury appeal on the basis that there was no evidence that the use of a fire alarm would have reduced or eliminated the harm. In this injury…