Business owners don’t have to provide safe chairs under the Occupier Liability Act(OLA) because chairs are not covered by this piece of legislation. The bank in this injury case provided the claimant with a chair to sit on to conduct his banking business. There was no invitation, express or implied, to use the chair for anything beyond…
In this offer to settle slip and fall case the court used its discretion and allowed a claimant that was found 50 % at fault to recover 65% of her costs. The claimant was also awarded double costs after the insurance comany refused to accept a reasonable offer of settlement almost a month before trial…
Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…
In personal injury cases, including slip and fall injuries, claimants are expected to move the litigation along and to name all of the right people and companies in the lawsuit. This dismissal of slip and fall case for want of prosecution (Morice v. Toronto-Dominion Bank,2014 BCSC 380) shows that when delay causes prejudice which goes directly and profoundly to…
British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the Insurance Corporation of British Columbia, ICBC, and 2. the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…
After being injured in a car accident or fall and before you sign a statement for ICBC or give the insurance company permission to communicate with medical professionals and employers, consider getting professional advice. About 1200 people a day are injured in British Columbia and over 25 of those are permanently disabled as a result…
As of April 1, 2013 HST no longer applies to legal fees and legal services in BC. In personal injury cases no income tax is payable on lawyer negotiated settlements for pain and suffering compensation with the Insurance Corporation of British Columbia, ICBC, and other insurance companies. The Provincial change back to the PST and GST…
As a personal injury lawyer serving the Lower Mainland since 1995 I have successfully helped many slip and fall injuries claimants. If you or someone you know has just been injured in a business establishment, check out my short video about slip and fall injuries on business premises. Here are three important tips for people injured on business premises…
In this slip and fall serious personal injury claim (Jack v. Tekavec,2011 BCCA 464) the injury claimant fell three stories after leaning against a rotted, poorly repaired balcony railing. The owner and manager of the apartment complex was found fully at fault in negligence as an occupier. The at fault owner and manager appealed the judgment awarding $322,000.00 in…
In this Psychiatric personal injury claim (Hussack v. Chilliwack School District No. 33, 2011 BCCA 258) the 13 year old injury claimant was hit in the face with a field hockey stick while playing the game at school. He suffered a concussion which developed into a serious psychiatric illness called somatoform disorder. This disorder has left him…
“We pride ourselves on our results and our proven track record of success for over 20 years in representing thousands of injury victims throughout all of British Columbia and providing them with complete medical legal care.”