The rescuer doctrine was raised in Passerin v. Webb, 2018 BCSC 289 (CanLII). This case involved a negligence case against the Defendant Webb, who was thrown off his snowmobile, causing it to be a “run-away” machine which struck the Plaintiff, Mr. Passerin, causing serious injury. This case involves a group of friends who were snowmobiling […]
Read more "The Rescuer Doctrine"The decision in Sidhu v. Hiebert, 2018 BCSC 401 outlines the legal principles and authorities as it pertains to the drafting of a Notice of Civil Claim. I will quote directly from this decision: Applicable Law [30] Both counsel provided an excellent summary of the legal principles and authorities, and I will quote extensively from […]
Read more "“An excellent summary of the legal principles and authorities as it pertains to drafting of a Notice of Civil Claim.”"The 3rd Annual Paralegal Conference hosted by the Trial Lawyers Association of BC in association with the BC Paralegal Association was held on Wednesday, March 7, 2018 at the Pan Pacific Hotel. This conference occurs only once a year, and it provides an incredible platform of learning, professional development and leadership for Paralegals in our Province. It was […]
Read more "The Aspiring & Inspiring Paralegal 2018, TLABC / BCPA – Thank You!"A further case in Senger v. Graham, 2018 BCSC 257 (CanLii) is published dealing with an argument of failure to mitigate. The Court confirms that the legal burden lies with the Defendant to prove that the Plaintiff has in fact failed to mitigate his or her damages. When a failure to mitigate is alleged, the defendant […]
Read more "An Unsuccessful Failure to Mitigate Argument"Senger v. Graham, 2018 BCSC 257 (CanLii) The Plaintiff in this case suffered injuries to her neck and back. The injuries sustained by the Plaintiff in this collision impacted the client’s schooling, work, household and recreational activities. The evidence was clear that the injuries would continue to impact the Plaintiff’s life. As a result of […]
Read more "The Test for Cost of Future Care Awards"This very recent decision supports the benefit and need for massage therapy treatment, among other treatment modalities. In Anderson v. Gagnon, 2018, BCSC 98 (CanLii) the Plaintiff suffered injuries to her neck and upper back. She was suffering with spasms and decreased movement in her shoulder with daily activity. It was noted that the Plaintiff […]
Read more "Cost of future care awards – Are the costs medically justified and reasonable?"Does the insurance exception rule apply to cost of future care awards for prescribed medication when the Plaintiff benefits from an extended medical health plan ? The principle generally is that a plaintiff is only entitled to be compensated for his or her actual loss. Therefore, if medication has been prescribed and there is medical support […]
Read more "Reductions In Cost of Future Care Awards – Prescribed Medication / The Analysis"In Heuring v. Smith, 2018 BCSC 233 the Court assesses liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the Defendant (vehicle), who did not clearly see the cyclist as a result of a “blind spot” a pillar in his vehicle. Both parties are to blame for this collision. The Plaintiff (Cyclist) was […]
Read more "Liability Split Apportioned 40% Plaintiff (Cyclist) and 60% The Defendant (Vehicle)"A recent decision in Park v. Donnelly, 2018 BCSC 219 confirms that offers must be “clear and unambiguous.” Language is very important, and if you do not use clear language, you may have difficulties claiming costs from the date of such offer, if the offer is deemed ambiguous. This decision suggests that in drafting offers, we […]
Read more "Offers must be Clear and unambiguous – Stay away from “Old Money” / “New Money”"In Dennsteadt v. Lepine, 2018 BCSC 220, the Court reviews the law as it pertains to economic loss. As we all know, there are two approaches in assessing this category, and it does not hurt to review the law on this subject, although it is well known: [63] Goepel J.A. in Grewal v. Naumann, 2017 BCCA 158, […]
Read more "Diminishment of Earning Capacity – Review the Extent, Duration and Effect of the Injury"