December 2016

Did you Get the License Plate of the Car that Hit You?

In a "Hit & Run" scenario where someone's vehicle collides with yours (or with you as a pedestrian), your legal claim for compensation can be dismissed if you do not make reasonable efforts to ascertain the identity of the unknown owner or driver of the vehicle. Section 24 (5) of the Insurance (Vehicle) Act requires [...]

Foreclosures in BC: Understanding the Process and your Rights

Most of us who have bought property (either commercial or residential) have borrowed money to finance the purchase. One of the tried and tested ways lenders secure their mortgage loans is to take a mortgage on the property being purchased. The borrower is called the mortgagor because he or she mortgages his/her property to the [...]

“Self Driving Car” Not Liable for Injuring Pedestrian

Well, not quite. While the law grapples with how to deal with the soon to be oncoming influx of self-driving cars and their impact on motor vehicle accident negligence laws in BC, we can reasonably predict that any such laws will be predicated on the existing negligence laws already in place. One staple of the [...]

Yes, you can go to jail for that: contempt of court in Canada.

Litigants involved in civil proceedings can go to jail for disobeying Court orders. Contempt of court in Canada is the only remaining common law offense in the Criminal Code. It reflects the Court's inherent common law power to control its own processes. Examples of behaviour that could amount to contempt include: misbehaving in court (e.g. [...]

Your entitlement to “No Fault” Benefits after a Car Accident

Part 7 of the Regulations to the Insurance (Vehicle) Act set out certain benefits available to people injured in car accidents in British Columbia that are available regardless of whose fault the accident was. Generally, these benefits include: payment of medical expenses, payment of rehabilitation expenses, and payment of wage benefits. In the event of [...]

Why you SHOULD hire a lawyer in your ICBC claim: Bains v. Park BCSC 1818

Reasons for judgment were released yesterday in Bains v. Park, 2014 BCSC 1818. This was a trial I conducted before Mr. Justice Joyce on September 16 through 18, 2014. My client was involved in a motor vehicle accident wherein the driver ahead of her reversed his vehicle into hers. The Defendant driver then denied this [...]

How the Rule of Law Applies to Everyone, even Google…

The Rule of Law concept implies that every citizen is subject to the law, including law makers themselves. The judiciary is the mechanism by which average citizens can seek to apply the rule of law to other citizens, including corporations and governments, and rectify wrongs committed upon them by these defendants. The beauty of our [...]

Slip and Fall Injury? Steps you should take Right Away

Homeowners and businesses in British Columbia must take reasonable steps to ensure the safety of their visitors. Otherwise, they may be liable for their guests' injuries in the event an accident occurs. A vast majority of negligence claims against businesses and homeowners arises from slick or unkempt conditions causing people to slip and fall resulting [...]