Carfra Lawton LLP | Victoria BC

Victoria BC Insurance Defence Lawyers

Associate Job Posting – August 22, 2019

Job Posting: Motivated Junior to Intermediate Counsel Carfra Lawton LLP is an established and busy insurance defence boutique law firm....

Not all curbs have to be yellow (even if they...

In 2015, the plaintiff in Herron v. Value Industries Ltd., 2019 BCSC 878 tripped and fell over a sidewalk...

Threat of termination is not grounds for suing employer

The Employment Standards Act (“ESA”) requires employers to pay overtime, statutory holiday, vacation, and severance to employees. If an...

No Independent Tort of Harassment – Yet?

In Merrifield v. Canada (Attorney General), 2019 ONCA 205, the Ontario Court of Appeal was the first Canadian appellate...

Municipal policy to inspect sidewalks creates duty,...

The plaintiff in Scheck v. Parkdale Place Housing Society et al, 2018 BCSC 938 and 2019 BCSC 48, slipped...

No adverse inference if either side can call the witness

The BC Court of Appeal has affirmed that the decision whether to draw an adverse inference from the failure...

Claw Fest 2019

Event Details and FAQ You’re invited, May 23, 2019 1. The whole event is in our neighbourhood, the Selkirk area (Gorge...

Security Guard pushed into Trench was doing his Job

The plaintiff was injured when he was pushed into a trench next to a construction site where he was...

“Highway” to be interpreted narrowly in hit-and-run...

A plaintiff sued ICBC under the hit and run legislation after he was struck by an unidentified vehicle and...

No claim if you can’t prove why you fell

If you don’t know why you fell, then you likely won’t be able to hold anyone else responsible for...

Costs Consequences for Failing to Consider Weaknesses of...

In Wiebe v. Wiebe, 2018 BCSC 1062 the plaintiff sued for personal injuries from a car accident. At trial,...

Wide Discretion Exercisable by Council in Issuance of...

In 1139652 B.C. Ltd. v. Whistler (Resort Municipality), 2018 BCSC 1806, the petitioners had sought a permit to vary...

Defendants need not pay more than what is reasonable for...

The plaintiff in Senner v. GE Canada Leasing Services Company, 2018 BCSC 1256, sought an assessment of his costs...

Levelling the Playing Fields Roundtable

Due to his legal work and persons he has met, Aron Bookman has become a board member of the...

Coverage forfeited after Cellphone Records Contradict...

The plaintiff in Winterbottom v. ICBC, 2018 BCSC 1638, sought insurance coverage for his truck, which he claimed had...

Surveillance video raises credibility issues, leads to...

In Brar v. Ismail, 2018 BCSC 1573, a jury dismissed the plaintiff’s claim for injuries she alleged after a...

Seafirst Golf Tournament 2018

Doug, Cheryl, Ingrid and Kismet at the 14th annual Seafirst Golf Tournament on September 9, 2018. The cowboy hats...

Supreme Court Costs Set By Reasonable Expectation of...

In Greenlees v. Starline Windows Ltd., 2018 BCSC 1457, the British Columbia Supreme Court set the plaintiff’s costs by...

Defence offers to settle should have been accepted

In Gill v. McChesney, 2018 BCSC 1378, the plaintiff was awarded nearly $90,000 in damages in a personal injury...

Questions from a trial judge do not create a “reasonable...

How much latitude does a judge have to question witnesses and debate with counsel during a trial? Quite a...

Time fees charged by professionals called as fact...

In Luis v. Marchiori, 2018 BCCA 317, the Court of Appeal affirmed a Registrar’s decision that fees charged by...

Victoria BC Insurance Defence Lawyers

Carfra Lawton Welcomes New Associate, Articled Student,...

Carfra Lawton welcomes Andrew Buckley to its team of civil litigators. Previously, Andrew articled and practiced in downtown Vancouver...

Allegations of agency are no longer a quick out for...

In Paramount Resources v. Import Tool Corporation Ltd., 2018 BCSC 599, the Court granted leave to file a third...

In Trust Claim Allowed for Care Provided by Defendant

The BC Supreme Court recently awarded a plaintiff nearly $350,000 in trust for care provided to her by her...

Victoria BC Insurance Defence Lawyers

Dean Lawton, QC has been acclaimed by the Benchers of...

Dean Lawton, QC of Carfra Lawton LLC has been acclaimed by the Benchers of the Law Society as their...

Evidence of “Good Character” Inadmissible in Civil...

In Abbasnejad v. Leifsson, 2018 BCSC 850, the Court confirmed the general rule that character evidence is inadmissible in...

Status does not equate with credibility

The British Columbia Supreme Court has firmly stated that social or economic status of a witness does not equate...

Commercial car garage did not owe duty of care to...

A majority of the Supreme Court of Canada has held that a commercial car garage did not owe a...

BC Supreme Court Affirms Jurisdiction of Civil Resolution...

The new Civil Resolution Tribunal was created, in part, to take disputes between strata neighbours out of the overloaded...

McQuarrie Bros. Motors Ltd. v. Fusilli Grill Ltd., 2018...

Earlier this month Aron Bookman and Amy Coad of Carfra Lawton successfully defended an action brought against the City...

Victoria BC Insurance Defence Lawyers

An Overview of Civil Litigation in BC

Kismet Bhandar and Karen Orr of Carfra Lawton LLP presented a seminar entitled ‘An Overview of Civil Litigation in...

Claw Fest 2018

Thank you to all who participated at Claw Fest 2018. You braved the paddling. You conquered the crab and brisket...

Victoria BC Insurance Defence Lawyers

Where the Sidewalk Ends

Aron Bookman and Caroline Alexander of Carfra Lawton LLP presented a seminar entitled ‘Where the Sidewalk Ends’ at the...

Costs Consequences Arising from Unclear Offer to Settle

In Park v. Donnelly, 2018 BCSC 219, the BC Supreme Court confirmed that an offer to settle must be...

Strata Sprinkler System Coverage Under New Home Warranty

In The Owners Strata Plan 4249 v. Travelers Insurance Company of Canada, 2018 BCSC 114 the BC Supreme Court...

Victoria BC Insurance Defence Lawyers

Case of the Red Balloon Building

The case of the Red Bal­loon building pitted a toy-shop owner against a city and turned on the question...

No Adverse Inference Drawn Against Defendants For Not...

In Slater v. Gorden, the defendants admitted liability for the motor vehicle accident and admitted that the plaintiff suffered...

Victoria BC Insurance Defence Lawyers

Good Risk Management Can Include Taking Responsibility

Aron Bookman and Matthew Wehrung of Carfra Lawton LLP presented a seminar entitled ‘Good Risk Management Can Include Taking...

Breaching the Motor Vehicle Act Regulation Not Sufficient...

In Haynes v. Haynes, the British Columbia Court of Appeal has again confirmed that the breach of a statutory...

Expert Forensic Engineer Report Inadmissible if Based on...

In Young v. Insurance Corp. of British Columbia the plaintiff brought an action as a result of a car...

Punitive damages awarded for cutting neighbor’s...

In Gibson v. F.K. Developments Ltd., the plaintiff sued the defendants for entering her property and cutting down a...

Courts confirm validity of broad exclusion clauses for...

The plaintiff in Fillingham v. Big White Ski Resort Limited 2017 BCSC 1702 was a regular patron of Big...

BCCA reaffirms objective standard for what a reasonable...

Schoenhalz v. Insurance Corporation of British Columbia 2017 BCCA 289 affirms that the determination of what a reasonable person...

Victoria BC Insurance Defence Lawyers

Mixed Signals: Reasonable Steps or Nanny State?

Aron Bookman and Amy Coad of Carfra Lawton LLP presented a seminar entitled ‘Mixed Signals: Reasonable Steps or Nanny...

Adjuster’s investigative materials are privileged...

A recent decision of the BC Supreme Court has reaffirmed a line of case law which states that materials...

Raising one’s state of mind can result in waiver of...

In Stelmaschuk v. The College of Dental Surgeons 2017 BCSC 1371 the court confirmed that in circumstances where a...

Cyclists have a positive duty to avoid collisions

A recent decision by the British Columbia Court of Appeal has confirmed that cyclists have a positive duty to...

Vancouver Island Adjuster’s Association Golf...

July 14th saw our Carfra Lawton golf team heading to the VIAA golf tournament in Cowichan. Jeremy Martin and...

Surrogacy Fees Now Recoverable by Plaintiffs in BC

A recent decision of the BC Supreme Court has opened the door for plaintiffs to claim surrogacy fees, despite...

Expert Evidence Not Required to Prove a Mental Injury

In the recent case of Saadati v Moorhead 2017 SCC 28 the Supreme Court of Canada established what is...