Slip and Fall

Lawyer Punished for Seeking Costs Against another Lawyer

In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply … Continue reading

Slip and Fall on a Public Sidewalk – Who Owes the Duty of Care?

In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. … Continue reading

City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the … Continue reading

Slip and Fall in Superstore Results in Brain Injury

This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury.  The claimant sought  damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took … Continue reading

Ski Ticket Waiver Results in Dismissal of Personal Injury Case

This injury claimant sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort. The claimant said that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge … Continue reading

Investigation Reports of Insurance Company Remain Confidential

This personal injury claim arises from injuries suffered while the claimant was a guest at the defendants’ home. The claimant brought this application for an order that the defendants disclose an independent adjuster’s report and audio statements over which litigation privilege was claimed.(Drewniak … Continue reading

Brain injured Rainmaker Described as the Best Lawyer

In this personal injury case a very competent young lawyer was  tragically rendered less capable overall from earning income from all types of employment due to a falling injury resulting in brain injury. She was awarded $5.1 for her loss of … Continue reading

Business Pays for Poor Staff Training in Slip and Fall Case

This “slip and fall” personal injury claim was brought after a customer of the Chopped Leaf Restaurant in Kelowna slipped on an unknown food item (Robinson v. 1390709 Alberta Ltd.,2017 BCCA 175). The Court of Appeal has confirmed two important elements … Continue reading

Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed … Continue reading

Failure to Install Fire Alarms Not Cause of Injuries

Injuries caused by fire can often be prevented by the use of fire alarms, commonsense. However, the Court of Appeal does not accept this as commonsense, and dismissed this renter’s injury appeal on the basis that there was no evidence that the … Continue reading