The Way We Were… and The Way We Are

On , In Mediation & Arbitration

When I think back upon my year of Articling as a Law Student in 1971-1972, and my call to the Bar in 1972, I realize how it may look the same, but the practice of law today is very different.  It’s different for us lawyers, and also for our clients. Having spent most of the…


Get Extra Insurance to Drive in the U.S.

On , In Personal Injury

The snow is flying, and there is a bite in the air.  At this time of year, many people in Kelowna think about spending time down south. For some, it is just a week’s break in their busy work schedule, for others it involves spending several months in the sunshine.  A few winters ago, I…


If I have Insurance With ICBC Why Don’t They Pay Me When I injure Myself?

On , In Personal Injury

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…


A Child’s Bad Behaviour: What Parents Need to Know

On , In Personal Injury

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,…


ICBC Is Watching You

On , In Personal Injury

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…


How Much is Enough?

On , In Personal Injury

In 1978, three cases were decided by the Supreme Court of Canada, which today still have an impact on the amount of money a person receives when they are injured by the negligence of another person. But how much is enough? Suppose you were in a car accident, or fell at a neighbours home, and…


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…


Cost of Care

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

A relatively recent and developing area of personal injury law involves injuries from toxic substances – such as mold 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…


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…