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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…
August 10, 2011
Watch Out for Moose, Eh.
Will the law protect those involved in an accident where the at-fault party is a moose? In October 2006, two women are driving between Prince Rupert and Terrace. The driver, Ms. Leask, travels around a corner and sees a mother moose and her calf ahead. Despite efforts to avoid the animals, she clips the rear…
August 3, 2011
Former Players Sue NFL for Concealing Concussion Risks
A few weeks ago we commented on a study linking mild brain injury to dementia in professional athletes and war veterans. CNN now reports that 75 former professional football players are suing the NFL for failing to protect players from the long-term effects of concussions. The players say that the league knew as early as…
July 27, 2011
eBay, Craigslist Buyer Beware
A $50,000 watch purchased by a German collector on eBay is a fake, reports the Vancouver Sun. The watch was purchased from a West Vancouver woman and her son. The buyer, Dr. Oliver Hartmann, understood the watch to be a 1950s Patek Philippe wristwatch in 18 karat pink gold. Experts later deemed the watch to…
July 20, 2011
Mild Brain Injury Leads to Dementia
Dementia is the loss of brain function affecting memory, thinking, language, judgment and behaviour. Until recently, the medical community accepted the belief that only moderate to severe brain injuries can lead to dementia later in life. New research challenges this, suggesting that even mild brain injuries raise the risk of developing dementia, including Alzheimer's disease.…
July 13, 2011
New Drinking & Driving Laws Credited With Saving Lives
In response to an article in the Globe and Mail BC's new drinking and driving laws, enforced since last September, are being credited with reducing alcohol-related vehicle deaths by as much as 50%. The Globe and Mail reports that in the 7 months between last October and April, there were 30 such fatalities - 31…
July 6, 2011
Lending Your Car? Better Think Twice.
You lend your car to a friend. Your friend causes an accident while driving your car. You are sued for negligence even though you were not driving at the time of the accident. In BC, the Motor Vehicle Act finds the vehicle owner responsible for any damage or loss caused by their vehicle. This includes…
June 29, 2011
Judges Turn to Facebook
Last week, we commented on the importance of managing your privacy settings on Social Media sites like Facebook. This week, I want to highlight the increasing role that Facebook is playing in Canadian courts. To get a better sense of the overall trend, consider the following statistics: in 2010, Facebook is referenced 25 times in…