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, […]
Read more "Dangerous Dogs – Remedial Measures"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, […]
Read more "Principles of Assessing Disbursements"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, […]
Read more "Dangerous Dogs – Destruction Order"Tan v. Mintzler and Miller, 2016 BCSC 1183 (CanLII) discusses in-trust claims: The court awarded the Plaintiff a total award of $736,493 for injuries sustained while struck by a vehicle in Richmond, BC. In regards to the claim for in-trust claims, however, in which the Plaintiff advanced for housekeeping services provided by the husband and daughter, the […]
Read more "In-Trust Claims"Ieraci v. Gallo, 2016 BCSC 1611 discusses the issue of whether a privately funded MRI ought to be paid as a special damage by the Defendant when a publicly-funded MRI was available to the Plaintiff. There are some key strategic points that were successfully argued in this case. Plaintiff’s counsel argued that a publicly-funded MRI […]
Read more "Public MRI vs. Private MRI"A tool that may be utilized to discount the Plaintiff’s credibility is video surveillance. The following cases will give you a greater understanding of how to approach this evidence. Chong v. Lee, 2014 BCSC 734 (CanLii) reiterates the three-part test outlined in R. v. Creemer and Cormier, [1968] 1 C.C.C. 14 (N.S.C.A.) in relation to the admissibility of […]
Read more "Video Surveillance"Real estate has been booming in B.C. for some time now. This recent published decision referenced as Currie v. Sonnenberg, 2017 BCSC 526 concerns a summary trial application brought by the Defendant to dismiss the Plaintiff’s action for breach of contract and professional negligence. The case discusses the legal principle as it specifically relates to duty and […]
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