If I see someone starting to slide on snowy roads, what does the law expect me to do? Is there a ‘wrong choice’ of precautionary step? In a recent judgment of British Columbia’s Court of Appeal, the court unanimously upheld
Read More →Faced with different stories of how a crash happened, who will the judge believe? What factors will be considered in assessing the credibility of the parties? In the case of Bingul v. Youngson, 2016 BCSC 1868, Madam Justice Baker was
Read More →I am involved in a motor vehicle crash and it is alleged that I am partially at fault. How will the court apportion liability? Also, how will this impact the amount that I am awarded? In the recent case of
Read More →If you are injured while “playing around” on provincial property, can you sue for your injuries? What if the property is severely corroded, and but for its condition, you wouldn’t have been injured? Yesterday’s judgment from the British Columbia Supreme
Read More →What duty do I have when I’m passing other vehicles? If someone else does something dangerous because my driving is inconveniencing them, am I liable for the resulting crash? In the recent BC Court of Appeal Case Borgfjord v Boizard
Read More →I had the right of way, walking across a street within an unmarked crosswalk. I had made it more than half way across the street, and was there to be seen by an oncoming motorist. The motorist wasn’t paying attention
Read More →I was waiting in the intersection to make a left hand turn. When the traffic light turned red I made the turn in order to clear the intersection. An oncoming car ran the light and hit me. Whose fault is
Read More →Is the left-turner always at fault in a collision? What if the through driver is also negligent? Today’s summary comes from a 2010 decision of the Supreme Court (Kelly v. Yuen 2010 BCSC 1794). Mr. Justice MacKenzie provides a thorough
Read More →Is liability always determined at the same time as damages in a personal injury claim? What if liability is the big question? My injuries are straightforward, we just need to figure out the liability so that the claim can be
Read More →Can I be assessed contributory negligence if I am riding with a novice driver who I know to be exceeding his or her license limitations? What is my duty to avoid a potentially dangerous situation as a passenger? In the
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