Category: Negligence

Sharing the Road: The (Often Overlooked) Cyclist Right of Way

“Share the road” is a common admonition but unfortunately those behind the wheel of a vehicle are often guilty of not following this safety principle — and legal requirement.

In fact, a recent cycling safety study commissioned by the City

Car vs. Pedestrian: is the driver always at fault?

It’s often said that when it’s car vs. person, the car always wins. So does it follow that a driver who injures a pedestrian is automatically at fault?  You might think so, but that’s not always the case.

We know …

Snowmobiling: Keep it Fun, Keep it Safe

It may be a bit late this year, but the winter snow has finally arrived, the toys are out, and I am once again reminded of the dangers that can be involved in snowmobiling.

We all know that it is …

Drivers Responsible for their Passengers, especially Children Passengers

As a driver, you have a responsibility for the safety and care of your passengers.

This responsibility is not only to drive with due care and attention, but also to take reasonable steps to prevent foreseeable injuries.

The duty owed …

Chilliwack School District Loses Grass Hockey Incident Appeal


Hey, teacher leave them kids alone.

B.C’s teachers will be scratching their heads after the release of the  B.C. Court of Appeal decision this week  in  Hussack v. Chilliwack School District No. 33 The court’s decision, for the most …

Outdoor Adventure Waiver Held Enforceable

Spring is here and you may be planning your next outdoor adventure.  When you arrive and you are asked to sign a waiver before embarking on the activity, you should be aware that the waiver is likely to be enforceable.  …

Slips, Trips and Falls – Who’s Responsible?

The provincial Occupiers Liability Act attempts to protect persons from injury when they enter onto land or into a building. It does this by requiring property owners and tenants to ensure that their property will be reasonably safe for those …

Lawyer Ordered to Pay Costs Personally

Civility – the Hallmark of the Legal Profession

A trial took place in January 2010 to determine liability for a skateboard accident that took place in New West.  At that trial, Justice Greyell found that the infant skateboarding plaintiff was …

Drinking and Driving

Someone just forwarded me this rather sobering reminder of why not to drink and drive this holiday season – or any season for that matter. Be advised that the video is rather graphic but the resulting message is powerful. Please …

Hockey Injury Case Dismissed: Brain Injured Player Left to Fend for Himself

“Negligence: …the failure to use such care as a reasonably prudent and careful person would use under similar circumstances…”
(Black’s Law Dictionary)

Insurance companies, newspapers and “Tort reformers” love to bombard the public with reports of lawsuits that appear “crazy”.  …