Principles to determine if an action is statute barred – The Limitation Act, S.B.C. 2012, c. 13

A review of the Limitation Act, S.B.C. 2012, c. 13 An application is brought by the Defendant in Arbutus Environmental Services Ltd. v. South Island Aggregates Ltd., 2017 BCSC 1 for an Order that the Plaintiff’s claim be dismissed as it is statute-barred by the provisions of the Limitation Act, S.B.C. 2012, c. 13. As noted in […]

Reviewing the Liability of Bus Drivers

Reviewing the Liability of Bus Drivers Falls on a city bus are common and this recent decision reviews the law as it pertains to the liability of a bus driver. Dahl v. South Coast British Columbia Transportation Authority, 2017 BCSC 629 Liability [29] The first issue that must be decided is whether the plaintiff’s fall […]

When a Parent Advances Funds to an (Adult) Child – Gift v. Loan

When a parent advances funds to an (adult) child for purposes of financial support, is this advancement of funds deemed to be a gift or a loan? This is not always immediately clear, especially if there is a lack of documented evidence that speaks to this issue. A parent does not always consider documenting the […]

Principles of Certification of a Class Action

A very recent decision Kirk v. Executive Flight Centre Fuel Services, 2017 BCSC 726 outlines the principles to be considered for certification of a class action. This is a very interesting action in which a a “single incident mass tort” resulted from an oil spill and the claim is for compensation and claims against all […]

Infant Pedestrian Claims

Aiken v. Van Dyk et al, 2001 BCSC 1217 This is an infant pedestrian collision in which a 14 month old infant was struck by the front tire of a garbage truck in a cul-de-sac residential neighbourhood. Liability is contested. On the day in question, the infant Plaintiff, her sister, who was 5 years of […]

Course Description: CLEBC Personal Injury Conference June 8, 2017 /Co-Chairs: Priscilla Cicek & MaryAnn Reinhardt

I am co-chairing the CLEBC Personal Injury conference together with my colleague MaryAnn Reinhardt, which is scheduled on June 8, 2017. The early bird deadline is rapidly approaching on May 11, 2017. See the COMBO deal to attend the PI Conference on June 9, 2017 as well. Course Description: Personal Injury for Jr. Lawyers and […]

ACTLA Women’s Legal Forum – “Ms. Understood”

I am honoured to have served on the Committee of the Alberta Civil Trial Lawyer’s Association, Women’s Legal Forum Gala “Ms. Understood” which sold out in 6 days with 460 people in attendance. Bringing awareness to the Calgary Drug Treatment Court and raising over $50,000 for this worthy non-profit charitable organization were only a few […]

Dangerous Dogs – Remedial Measures

In City of Campbell River v. Awad, 2016 BCPC 431 (CanLII), the court considers whether remedial measures as it pertains to a dangerous dog are appropriate. Annie is an 18 month old Pit Bull Terrier who undeniably fits the definition of a “dangerous dog” as defined pursuant to Section 49 of the Community Charter, SBC 2003, […]

Principles of Assessing Disbursements

In Schroeder v. McGivern, 2015 BCSC 362 (CanLII), the principles of assessing disbursements are outlined. This assessment of the Bill of Costs results from a personal injury case (MVA) in which liability was admitted. The issue to be analyzed was that of quantum. The legal action was commenced on September 12, 2011 under Rule 15-1, […]

Dangerous Dogs – Destruction Order

The following case is an analysis of what is deemed to be a “dangerous dog” and whether a destruction order is necessary under the circumstances. The interpretation of “dangerous dog” as defined by Section s. 49(1) (a) and (c) of the Community Charter: “dangerous dog” means a dog that (a) has killed or seriously injured a person, […]

Case Law Corner

Review Case Law, Legal Principles and BC Supreme Court Civil Rules

Author: caselawcorner