18Oct 2017

Reasons for judgment were released yesterday in the case of Ali v. Padam.  This case involved Ms. Ali’s claim for damages following her injury in a car accident that had occurred almost 6 years prior to the trial.  At the time of the accident Ms. Ali was 37 years old.  ICBC admitted that Ms. Ali […]

14Jul 2017

In British Columbia the rules regarding road usage are laid out in the Motor Vehicle Act.  The Act has a broad variety of provisions and has a number of provisions that relate to cyclists.  The provisions of the Motor Vehicle Act in turn are often used by our Courts to determine who is at fault […]

10Jul 2017

I have written many previous blog posts explaining how our courts value pain and suffering in determining awards to injured plaintiffs.  One of the fundamentals of the award is that the award must be fair and reasonable to both parties.  Our Court of Appeal has listed a variety of factors that are to be taken […]

31May 2017

A lot of companies have progressive discipline policies and if the policy is followed correctly it can provide a justification for termination.  A recent Canada Labour Arbitration highlighted the potential pitfalls of not following the progressive discipline policy and in particular that the failure to do so can turn what may have been a justified […]

24May 2017

A component of any personal injury claim is the claim for non pecuniary damages, or for compensation for the pain, suffering and loss of enjoyment of life experienced by a plaintiff following injury.  Reasons for judgment were released today in the case of Cantwell v. Warren and in this decision, Mr. Justice Macintosh provides a great […]

16May 2017

A recent British Columbia Supreme Court decision, Glimhagen v. GWR Resources Inc. considered the difficult issue of when an individual is an employee versus an independent contractor.  The decision arose because of the without cause termination of the plaintiff.  One of factors taken into consideration in assessing the period of notice due to a terminated employee is the length […]