This post will provide the approach to consider when liability is in dispute and the main issue is the color of the traffic light at an intersection. To start, there were some very interesting facts presented in this decision which were outlined by statistics gathered by ICBC and stats by Expert Evidence: The 5 year […]
Read more "Traffic Light – Approach in Assessing Liability"A wonderful holiday party this year Dec 2017 at the Stanley Park Pavilion where colleagues and friends came together to celebrate a great year. This holiday party is always fun and we would not miss it! A special thank you to Erin Monahan, CPP, Education Director, Karen St. Aubin, Membership Director, Megan Ejack, Development Director […]
Read more "TLABC Holiday Bash – Stanley Park Pavilion"City of Burnaby, Traffic & Transportation Report dated July 10, 1995 Back in 1995, I resided in a community near a beautiful park that we frequented. As I walked to the park often, I started to notice an increased use of our quiet residential street that was being used as a “through street” for traffic. […]
Read more "Creating Safety in Your Community – Traffic & Transportation"We attended the Black Diamond Gala held by the BC Adaptive Snowsports at the Westin Bayshore last night, which is a charity offering adaptive skiing, snowboarding and overall accessibility to mountain activity for individuals with physical and cognitive disabilities. Great cause and great event! Thanks to BridgePoint Financial for providing support to such a great […]
Read more "BC Adaptive Snowsports – The Black Diamond Gala"“BUMP OUT HUNGER” Bumpin Bakery was founded in the winter of 2014 by Dugie Turner. His idea was to go down to the Corner on Main and East Hastings to give out muffins to anyone who wanted them. This small idea turned into a volunteer driven organization, that fills the needs of the people of the down town […]
Read more "World Kindness Day – Bumpin Bakery Foundation"A decision in McCaffery v Arguello, 2017 BCSC 1460 (CanLII) awards a Plaintiff $200,000 for injuries sustained in a road rage incident in which the Defendant was criminally charged with assault with a weapon and assault causing serious bodily harm. That charge provided a conclusion of 100% liability in which judgment was rendered against the […]
Read more "Symptoms, Criteria and Treatment of Complex Regional Pain Syndrome (“CRPS”)"Without summarizing the following decision, I am simply going to quote stated facts regarding the condition of Complex Regional Pain Syndrome (“CRPS”) and Systemic CRPS, together with excepts from the medical experts that have commented on these conditions and the Court’s comments as it relates to the medical evidence. As a note: CRPS is sometimes referred […]
Read more "What do we know about Complex Regional Pain Syndrome (“CRPS”) and Systemic CRPS?"“In Flanders Fields” by Canadian physician Lieutenant-Colonel John McCrae In Flanders fields the poppies blow Between the crosses, row on row, That mark our place; and in the sky The larks, still bravely singing, fly Scarce heard amid the guns below. We are the Dead. Short days ago We lived, felt dawn, saw sunset glow, […]
Read more "Remembrance Day – Lest We Forget"In Mullens v. Toor, 2016 BCSC 1645, the Defendants were successful in proving that the Plaintiff failed to mitigate her damages, which resulted in a reduction of 50% under the heads of damages of non-pecs, past loss of earnings, loss of earning capacity, loss of pension and deferred profit sharing, and cost of future care […]
Read more "BCCA upholds lower court decision – Failure to mitigate reduction of 50% in all heads of damages"The defence of mitigation has been raised in several recent cases with an argument that the Plaintiff’s damages should be reduced. As we know, the Plaintiff has the duty to mitigate his/her damages. The onus is on the Defendant to prove that the Plaintiff has failed to mitigate. In many cases, the argument has been […]
Read more "The Questions to Ask When Assessing whether a Plaintiff has failed to Mitigate"