Don’t Ask…Don’t Tell

On , In Personal Injury

How often are you confronted by someone you know, who asks to borrow your vehicle? How often are you asked to take someone you know to one place or another and you say…. “here take my car/truck”…and hand them the keys. Have you heard of Don’t Ask…Don’t Tell? Has it ever occurred to you that…


What is Cost of Care and Why Does it Matter?

On , In Personal Injury

We are lucky to live in a country where our fellow citizens believe that each of us has a right to basic medical care.  This includes doctor’s visits, hospital care, medically necessary surgeries, and some continuing care outreach services.   The Pharmacare Plan assists with the cost of medication.  This plan has a deductible and the…


Toxic Torts

On , In Commercial Litigation, Personal Injury

A relatively recent and developing area of personal injury law involves injuries from toxic substances – such as mould in apartment or office buildings, food toxins, pharmaceutical products, and pesticides or other industrial chemicals. Although claims for illness from these substances are often difficult to prove, they can have widespread implications for employers, landlords, food…


Going Public

On , In Personal Injury

When is your private life yours to hold tight, or let go…or in some situations have it grabbed from you? We all like to think that our private life is private, but this is no longer true, particularly in the context of a personal injury action. A number of years ago, when I was defence…


The Importance of Shareholder Agreements for Small Businesses

On , In Business Law

In 2012, there were over 50,000 small businesses in the Thompson-Okanagan region.  The strength of the entrepreneurial spirit in our region reflects a general trend throughout British Columbia – the Province with the highest per capita rate of small business ownership in Canada. Entrepreneurs (and people who invest in their businesses by taking shares) are…


Wills, Estates and Succession Act – Overhaul of Estate Law in B.C.

On , In Estate Administration

The Wills, Estates and Succession Act (“WESA”) came into force on March 31, 2014.  WESA replaces and consolidates (with substantial changes) four statutes that governed the passing of property on death and the administration of the estates of deceased persons. The act provides greater certainty for individuals who put their last wishes into writing and simplifies the…


Don’t Put Your Family at Risk

On , In Personal Injury

As a senior personal injury lawyer, when I am hired to represent someone injured in a serious motor vehicle accident, one of the first things I want to find out from the insurance company for the bad driver, is the amount of insurance that is available (the third party limits), to know if there will…


Is That Police Chase Necessary?

On , In Personal Injury

Like many of you, I love action films. But is that police chase necessary? Hollywood makes exciting car chases with cars speeding through city streets, making U-turns in busy intersections, driving on sidewalks, going airborne over hills and crashing into streetside flower stalls. The audience is often cheering for a fleeing misunderstood criminal, while the…


Winter Sports: Staying Safe and Knowing Your Legal Risks

On , In Personal Injury

The year’s Winter Olympics are providing inspiration for participation in winter sports. Although winter sports help Canadians stay active and enjoy winter, they also involve risks of serious injury to participants and legal liability for teammates, coaches, organizers and facility owners. Participants must take safety precautions, by wearing appropriate (and appropriately fastened) safety equipment and…


The Duty to Mitigate in Employment Law

On , In Employment Law

Mitigation is a basic principle of contract law.  In the context of an employment relationship, a dismissed employee has to take all reasonable steps to minimize any losses that she has suffered as a result of her termination of employment.  Generally, this means that an employee who has been dismissed must take reasonable measures to…