Waivers in Personal Injury Claims

Liability waivers, sometimes referred to as Releases, in Canada can have a broad ability to deny someone the ability to enforce their otherwise enforceable legal rights.  

Occupiers of properties and providers of services in Canada have an obligation to ensure their premises and services are safe for their customers. However, if you sign a waiver before entering a property or engage in the uses of a service, you could be giving up your legal rights should an occupier or service provider fail to live up to their obligations. Waivers can go beyond releasing someone from the legal consequences inherent in an activity (for example the inherent dangers of skiing, snowboarding or other recreational activities), and can go as far as waiving your rights for compensation arising out of injuries resulting from the gross negligence of employees of a property owner or service provider. Even if an injury occurs due Continue reading

Personal Injury Claims Related to Tripping Over Electric Vehicle Charging Cords

As time goes by, we are seeing more and different industries moving towards environmentally friendly business models, not the least of which is the automobile industry. Where once they were often dismissed as a novelty, electric vehicles (EVs) have quickly become a regular sight on the roads and in neighborhoods throughout British Columbia, with the largest concentration being on the North Shore, the Westside of Vancouver and South Surrey. With this rise in EV usage, the installation of electric vehicle charging stations has become more prevalent in public and private spaces. While this growth in the use of EVs, and the associated expansion of infrastructure to support them is a positive step towards an environmentally sustainable lifestyle, it has also brought to light potential safety concerns that have not been considered by and large. One such safety concern is the risk of tripping over electric vehicle charging cords and … Continue reading

Winter Slip and Falls in Canada: Causes, Responsibility, and Compensation

Winter in Canada can bring with it beauty, winter activities like skiing or snowboarding, and all the other things that make British Columbia a desirable winter destination. However, winter can also bring with it unique hazards, particularly when it comes to slips and fall accidents. These accidents can result in severe injuries and consequences that can have significant repercussions for injured individuals.

Who is Legally Responsible for Winter Slip and Falls?

As with most questions when it comes to the law the answer is, it depends.

Slip and falls in winter are governed by occupier’s liability laws, which deal with the legal responsibilities of property owners to maintain safe conditions. Property owners, including homeowners, business owners, and municipalities, have a duty of care to the people who visit their premises. This duty includes taking reasonable measures to prevent foreseeable dangers, such as icy or slippery conditions, from … Continue reading

What is an In-Trust Claim?

An in-trust claim is a claim for services provided free of charge by a family member that you otherwise would have had to pay someone to provide. An award can be made for the services provided and paid to the plaintiff in a personal injury action in-trust for the person who provided the services.

While the concept of an in-trust claim is relatively straightforward, the law surrounding it and how it is applied by the courts is more complex and inconsistent, leading to a lack of certainty as to how to approach such claims approaching trial.

The Legal Test for In-Trust Claims

The legal test for an in-trust claim was laid out in Bystedt v. Hay,2001 BCSC 1735 at para. 180, aff’d 2004 BCCA 124, and in order to seek an award for damages under an in-trust claim you have to prove that:

  • (a) the services provided must replace
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Special Damages

What Are Special Damages?

For people who have suffered a significant injury due to the negligence of another and have a personal injury claim, there are always associated costs, whether it is for medical care or something else. These out-of-pocket expenses are called special damages.  If they relate to the accident/incident which caused your injuries, special damages are recoverable at the end of your lawsuit.

Special damages are out of pocket expenses that, but for the accident, you would not have incurred.  These can be anything that is reasonably incurred and, but for the accident would not have been required.  This include the costs for medicine, medical or therapeutic equipment, medical treatments (as discussed below), and parking for medical appointments amongst others. For any special costs incurred make sure you keep a receipt or invoice as you will need this documentation to prove your losses at the end of your … Continue reading