What Qualifies as Negligence in a Personal Injury Case?

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged , , , , , ,

When you’re hurt because someone else wasn’t careful, the law of negligence is what lets you claim compensation. The negligence lawyers at Taylor & Blair LLP have over 30 years of experience in making sure individuals who are injured due to the negligence of others receive fair compensation. In British Columbia, courts look for four building blocks: duty of care, breach of the standard of care, causation, and damages. If all four are present, you likely have a negligence claim. 

The Four Elements of a Negligence Claim

1) Duty of care

A duty of care exists when the relationship between parties is close enough that one should reasonably consider the other’s safety. Examples of this are drivers owing a duty to other road users; property owners (called “occupiers”) owing a duty to visitors; professionals owe duties to their clients or patients, etc. 

2) Breach of the standard of care

The … Continue reading

Surveillance in Personal Injury Claims: How Insurers Use Social Media To Undermine Your Claim

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged , ,

If you’re pursuing a personal injury claim, always assume the insurance company is watching you, both in real life and online. Adjusters and defence counsel routinely review social media, websites, fitness apps, and any public mention of you to test credibility. That doesn’t mean you’ve done anything wrong; it means you need a plan. Here’s what to know and what to do so your online life doesn’t undermine a legitimate claim.

Where insurers actually look

  • Mainstream social platforms: Facebook, Instagram, TikTok, X (Twitter), Snapchat, LinkedIn. They’ll also check tags and comments on other people’s posts that feature you.
  • Fitness & activity apps: Strava, Garmin, Apple/Google fitness sharing, Peloton, and similar leaderboards.
  • Web mentions: News articles, team rosters, club newsletters, crowdfunding pages, event results, real-estate boards, and business websites.
  • Professional footprints: LinkedIn job updates, corporate registries, bios, and conference listings.
  • Forums
… Continue reading

Contributory Negligence in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury ClaimsTagged , ,

When you’re injured because someone else was careless, the starting point in British Columbia is that the at-fault party must compensate you for your losses. But BC law also recognizes that more than one person can share responsibility for an accident, including the injured person. This concept is called contributory negligence. It can reduce, but not eliminate, a plaintiff’s damages where their own conduct contributed to the injury.

What is Contributory Negligence?

In BC, the Negligence Act governs contributory negligence. If both the defendant and the plaintiff are at fault, the court must apportion liability between them based on what is fair and reasonable, considering each party’s degree of fault and the causal impact of their conduct. The result is a percentage split (e.g., 75/25 or 60/40). Your total damage is then reduced by your share of fault. For example, if the court assesses your losses at $100,000 but finds … Continue reading

Committeeships in British Columbia

Posted on by David Goldberg Posted in CommitteeshipTagged , , ,

In British Columbia, as in many other jurisdictions, committeeships play a crucial role in protecting the interests of individuals who are unable to make decisions for themselves due to incapacity. An incapacity can arise from advanced age, injury, or a medical condition that leads to a disability. Regardless of the cause, the legal framework surrounding committeeships is designed to protect vulnerable individuals and ensure that their affairs are managed with their best interests in mind.

What is a Committeeship?

A committeeship, also known as a guardianship or conservatorship in other jurisdictions, is a legal arrangement whereby a person or entity, like the Public Guardian & Trustee’s office, is appointed to make decisions on behalf of an individual who is incapable of managing their own affairs.

In British Columbia, the process of establishing a committeeship is governed by the Patients Property Act and the Adult Guardianship Act. These … Continue reading

Long-Term Disability Denial Resources for British Columbia

Posted on by Graham Taylor Posted in Insurance DenialTagged , , , ,

Millions in Canada rely on long-term disability (LTD) insurance to protect their income when life throws serious health challenges their way. But the unfortunate reality is that a significant amount of LTD claims are initially denied each year in Canada.

If you or someone you care about has received a letter rejecting their LTD application, it can feel overwhelming. Insurance carriers often deny claims, even legitimate ones, to protect their bottom line. The good news? You don’t have to face this fight alone.

Why Long-Term Disability Claims Get Denied

There can be any number of reasons an application for benefits under a long-term disability policy gets denied, however the most common reasons insurance companies refuse LTD claims include:

… Continue reading