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Jacqueline Small

Slip and Fall Claim – The Importance of Not Missing Limitation Dates

A limitation date is a specific period of time that people have to start a legal proceeding when suing in the civil justice system which includes suing in slip and fall claims. In 2013, the current Limitation Act came into force which sets out the time limits for filing civil lawsuits. This new reformed act…

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Current Status of Autonomous Vehicles (Self Driving Vehicles) – When Will They Be Allowed?

The CBC News once asked the question whether Vancouver was Silicon Valley North? Since that time, the technology industry in this City has grown and boomed.  Concurrently, the technology with Autonomous Vehicles has advanced immensely. But what is the current status of Autonomous Vehicles in the USA, Canada and Vancouver? When will we be able…

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Judge Criticizes ICBC For Failing to Pay Promised Part 7 Benefits as part of ICBC’s New “Enhanced Care Coverage”

The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…

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Can ICBC Deny Your Claim For Not Wearing a Seatbelt?

If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…

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Court of Appeal Determines Ski Waiver Is Unenforceable Signalling a Change in the Law

Occupier’s liability in British Columbia imposes a duty on occupiers to take reasonable care that users of their premises are reasonably safe. This duty of care can be limited and excluded by an occupier in certain circumstances such as through releases and waivers of liability which are often required as a condition of participating in…

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Cyclist Found 50% At Fault for Passing Cars on the Right

As I have written in previous articles, cycling as a primary mode of transportation is increasing in popularity in urban settings especially in Vancouver. While there are a number of dedicated bike lanes, the number of streets without dedicated bike lanes far outweigh the number of streets with them. Section 183 of the Motor Vehicle…

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What you need to do if you are injured in a slip and fall on Private Property (Occupier’s Liability)

If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…

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Medical Malpractice – Proving Causation

There are a number of challenges in proving causation against a doctor. Medicine is often described as an art, not a science, because it is imprecise and unpredictable. Diagnostic procedures and tests can often be imperfect. Patients may present with confusing or inconsistent signs and symptoms. Treatments often carry risk of poor outcomes or side…

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ICBC No Fault Insurance = WCB/Worksafe for Car Accidents

The recent announcement by the NDP of a complete overhaul of ICBC into no fault insurance is not fully understood by most British Columbians. In fact, the NDP has completely duped the public into believing that this is a good thing. Only ICBC and the NDP will benefit from no fault insurance. One of the…

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