I still get asked this question from time to time by individuals who are involved in single-vehicle accidents, where no one is to blame but themselves. Simply put, our system of compensation for injured victims from motor vehicle accidents is best described as a hybrid of tort and no-fault…. although the latter is in some situations…
Children are bound to misbehave and act out. Even the best parents in the world can have a child that travels through this world like a hurricane. Can children be held liable for their own bad behaviour? Could you be held liable for your child’s misdeeds? There is no fixed minimum age of negligence. However,…
When you are in a car accident and you are in the midst of what you want to accomplish in life, will you still be able to pursue your dream despite your injury? Will your ability to earn an income be affected by the injury? These are issues that you need to seriously consider with…
For a number of years we all heard of Arbitration as a way to obtain a decision in a dispute between two or more parties. Some agreements mandate that disputes are arbitrated rather than litigated as a way to save costs and to obtain a decision in a much shorter time frame than through the…
ICBC’s practice of hiring private investigators to investigate claimants before trial is common. It is one of the ways ICBC protects itself from fraudulent claims. Such fraudulent claims can increase everyone’s insurance premiums. However, such investigative reports can also hurt legitimate claimants in the courtroom. Should the claimant testify that his life has been ruined…
Small businesses make up a large portion of Kelowna’s business market, and that trend doesn’t seem to be stopping. If you are considering starting a business or expanding your existing business, here are a few details to consider and discuss with your lawyer and accountant. Taking into account the unique circumstances of your business, it…
Homeowners and smaller contractors are often tempted to skip recommended practices when undertaking a small renovation. In many cases, little thought is given to the contract (and in some cases the only document is an invoice) and there is no attempt to comply with the Builders Lien Act. Although it is understandable that the parties…
British Columbia is establishing Canada’s first online dispute resolution body. The innovative Civil Resolution Tribunal will address small claims and strata property disputes. The Tribunal is expected to launch later this year. The Civil Resolution Tribunal Act was passed in 2012 and amendments to the Act passed third reading on April 21, 2015. The Tribunal…
When I think back to the time I was just starting to practice as a trial lawyer, about 42 years ago and list the tools available back then to settle files before proceeding to trials, the list is pretty short. Actually there was no list. Back then the options for settlement of litigious matters heading…
Most cases settle before they ever get to trial and there are good reasons why. This article will discuss some of the reasons why many personal injury cases settle in B.C. The foremost reason is certainty. If you are a plaintiff and settle, you know exactly how much money you will receive. If you are…
