Written by ERIK MAGRAKEN on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were published today by the BC Supreme Court, Kelowna Registry, discussing the duties of cyclists riding in dedicated bike lanes. In today’s case (Charlton-Miner v. Hedgecock) the Plaintiff was travelling on a bicycle in a dedicated bike lane. As she approached an intersection that she was driving straight through the Defendant motorist […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court dismissing a lawsuit against a negligent ski resort based on a waiver patrons must agree to when using their facilities. In today’s case (Fillingham v. Big White Ski Resort Limited) the Plaintiff was skiing on a short cut at the end of a ski […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Update January 2021 – The below judgment finding the vehicle owner partly liable was overturned by the BC Court of Appeal ____________________________________________________ If you own a vehicle that is stolen and the thief injures others in a collision can you be liable? According to a case released today by the BC Supreme Court, the answer […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were released today by the BC Court of Appeal addressing the practice of cyclists passing vehicles on the right finding, absent limited circumstances, that it is negligent to do so. In today’s case (Ormiston v. ICBC) the Plaintiff was involved in a 2009 cycling collision. As he proceeded down hill a vehicle […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Reasons for judgement were released today by the BC Supreme Court, Campbell River Registry, resulting in a nearly $1 million judgement following the RCMP’s negligent response to a ‘bait car’ theft. In today’s case (Watkins v. Dormuth) the Defendant RCMP officer was responding to a bait car activation call. He proceeded North in the southbound […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
One of the more difficult fact patterns to predict the outcome of is when will a Plaintiff be granted costs when they sue in the BC Supreme Court but are awarded damages below $25,000 (the monetary jurisdiction of the Provincial Court in BC). You can click here to read archived decisions addressing this. Adding to […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
Adding this site’s archived cases addressing commercial host liability, reasons for judgement were released this week by the BC Court of Appeal addressing the blameworthiness of a pub who overserved a patron who then drove drunk and caused a catastrophic collision. In this week’s case (Hansen v. Sulyma) the Plaintiff was a passenger in a […]
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In case there aren’t enough reasons to avoid a fistfight at your kid’s sporting events, here’s one more; being on the wrong end of a subsequent lawsuit in the BC Supreme Court will expose you to loser pays costs consequences. The BC Supreme Court, New Westminster Registry, released reasons for judgement today with such a result. In today’s […]
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When advancing a tort claim with ICBC it is important to remember that they have no duty to advise you of your limitation period. If the clock runs out before filing your lawsuit there is typically little a court can do other than offer words of criticism at ICBC for engaging in this practice. Reasons […]
Written by admin on . Posted in ICBC Whiplash Cases, Uncategorized.
As previously discussed, a common pattern following a motor vehicle collision is the onset of pain in a pre-existing but otherwise asymptomatic degenerative condition. Reasons for judgement were released recently by the BC Supreme Court, Kelowna Registry, addressing such an injury. In the recent case (Culos v. Chretien) the Plaintiff was involved in a 2006 pedestrian collision. […]