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October 4, 2011
Amber Gambler? Not a Smart Bet.
The light turns yellow. Do you stop? Do you proceed with caution? Do you floor it? BC Supreme Court case Ruscheinski v. Biln reminds us that if you can stop safely when the light turns yellow, you must do so. The Plaintiff, Ms. Ruscheinski, approaches a busy intersection. She wants to turn left. She enters…
September 29, 2011
Steps to Take After a Car Accident
Did you know that your odds of being in a car accident in the next year are one in 44? So be prepared and remember some basic points to keep in mind if you are in an accident. Steps to take include: Assess yourself and others for injuries. Call 9-1-1 if anyone is hurt. Exchange…
September 26, 2011
Can You Sue Another Worker for Negligence?
The law says that you can sue for damages if you are injured as a result of another person's negligence. This is a basic right belonging to all British Columbians. But the Workers Compensation Act says that you may not be able to sue another worker for negligence. Section 10 of the Act says that…
September 19, 2011
Road Sense in Autumn
Labour Day has come and gone and it's back to work and school for many of us. And with the daily grind reinstated, we're also seeing a substantial increase in traffic during our morning and evening commutes. But that's not all. The transition into Fall brings darker days and damper weather - a couple of…
September 13, 2011
Street Sense & Child Safety
People across the province are giving a collective sigh of relief as they learn of 3-year-old Kienan Hebert's return to his family in Sparwood, BC. The news is certainly a happy ending to BC's most recent Amber Alert. In light of such an event, we thought it might be a good time to review the…
September 7, 2011
Concussions, Kids & Sport
The issues surrounding head trauma in sport is an increasingly hot topic these days. We recently posted an article on new research suggesting that even mild brain injuries can lead to complications such as dementia and Alzheimer's disease later in life. A few weeks later, Mike Slater commented on the legal action being taken by…
August 31, 2011
Suing a Municipality? Remember the 2 Month Rule
Imagine you are injured in an accident caused by the negligence of a city or municipality. What do you need to know in order to sue for damages? You must comply with s. 286 of the Local Government Act that states the following: 286 (1) A municipality is in no case liable for damages unless notice…
August 29, 2011
Pedestrians: Don’t Become a Statistic
Four months to go in the year and Vancouver has already surpassed last year's traffic death toll. The city is now up to 11 traffic fatalities - 2 more than all of 2010. In response, the VPD has launched a campaign to crack down on intersection infractions by both drivers and pedestrians. Police are increasing…
August 24, 2011
Don’t Count on ICBC for Legal Advice
In our June 6th post, we review the steps to take when suing ICBC as nominal defendant in a hit & run case. Recent BC Supreme Court case Morris v. Doe gives us an example of failing to follow these critical steps. In April 2006, Mrs. Morris is a passenger in a car that is…
August 17, 2011
Vacation Photos Used in Court
We recently commented on the role that Facebook is playing in courts across Canada. More and more, parties involved in lawsuits are pulling content from Facebook to either prove or disprove a claim. This is occurring despite privacy rights and settings. But did you know that your private life can be exposed in court through…