Slip and Fall Accident on Public Property – Difficulties in Suing a City

*written by Vic Maan, associate lawyer at Holness and Small Law Group In a recent blog post, we discussed how the City of Burnaby was held liable under the Occupier’s Liability Act for the injured claimant’s injuries in a backyard fire-pit accident. In this blog post, we will delve deeper into the law when an…

Read more

Slip and Fall Claim – The Importance of Not Missing Limitation Dates

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…

Read more

What you need to do if you are injured in a slip and fall on Private Property (Occupier’s Liability)

If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…

Read more

Failure to Install Fire Alarms Not Cause of Injuries

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…

Read more

“Unusual Danger” in Personal Injury Liability Eliminated

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…

Read more

Slip and Fall Injury Dismissed due to Delay

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…

Read more