Tag Archives: Personal Injury

The government of British Columbia is cracking down on highway drivers…. driving too slowly.

New legislation will increase the power police have to pull over drivers who are obstructing the left or “passing lane” of a highway: As it stands now, there is already a $109 fine for driving in the left lane slow enough to obstruct traffic. Apparently, the problem with this old law was that it was […]

When does it make sense economically to file a lawsuit?

Regardless of what your dispute is, the decision about whether or not to bring a lawsuit should not be taken lightly. There are a number of factors you should take into account before filing a lawsuit. Firstly, you should look at what you actually stand to gain from the lawsuit. There are many reasons to […]

What is an Examination for Discovery and can I be forced to attend one?

  If you bring an action in the Supreme Court of British Columbia you must make yourself available for an examination for discovery (an “XFD”). An XFD is an oral examination under oath. Furthermore, a written record is made of everything you say at an XFD. This means that anything you say can be used […]

How will dash cams change the personal injury landscape?

The obvious answer is that in liability disputes dash cams will provide very strong evidence towards who is at fault for a motor vehicle accident. This can be extremely valuable to a plaintiff who is injured by a defendant that is not telling the truth. It can also be valuable to a defendant who is […]

What are the consequences of lying to ICBC?

Lying to ICBC either before or after a car accident can be disastrous. It gives ICBC reason to void your insurance. The law allows them to do so if an insured commits fraud or makes a “willfully false statement with respect to a claim”. If you get into an accident and your insurance has been […]

Can I make a claim for business losses for my new business, even if I have not earned anything from it yet?

This issue was recently dealt with by the Supreme Court of British Columbia: http://www.courts.gov.bc.ca/jdb-txt/SC/14/24/2014BCSC2429.htm Here, a part time accountant, who had plans to expand her business into a full time practice, was injured in a motor vehicle accident. As a result of the injuries she sustained in this accident, she was unable to expand her […]

Should professional athletes who use steroids be held civilly responsible for concussions?

              The issue of concussions in professional sports has recently become prevalent. Most notably (in Canada), in October a group of former NHL players filed a lawsuit against the NHL in the USA federal court: http://www.sportsnet.ca/hockey/nhl/former-nhlers-file-concussion-lawsuit/ Professional athletes as a whole have become faster and more powerful, and this has […]

What are the consequences of losing a personal injury case?

  When choosing to go ahead with a personal injury case you should always consider the consequences of losing. In this recent Supreme Court of British Columbia case, the plaintiff was found to be 100% at fault for the accident (which involved a bicycle striking a truck). The Plaintiff was assessed court costs against him: […]

What happens if I am injured in a hit and run?

A “hit and run” involves one or more drivers leaving the scene of an accident without providing their name and address. It is a crime in Canada to commit a hit and run. The punishment for this crime can be up to life in prison, depending on the circumstances and injuries to the parties involved. […]