Carfra Lawton LLP | Victoria BC

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

A Plaintiff is Required to Sign Any Reasonable Form of...

The recent decision of Madam Justice Harris in Wee v Fowler 2017 BCSC 545 contains a succinct analysis of...

Commercial Host Liable for Drunk Driver Hitting...

Widdowson v. Rockwell 2017 BCSC 385 provides guidance on: 1) commercial host liability; and 2) shows the importance of...

Supreme Court of Canada Endorses Access to Justice...

In a new ruling, the Supreme Court of Canada has acknowledged that self-represented litigants can both face and present...

Recoverable disbursements: Can the plaintiff recover...

In the recent case of Wynia v. Soviskov, 2017 BCSC 195 the BC Supreme Court addressed the recoverability of...

New Facts at Trial May Make Your Expert Report Useless

Nelson v. British Columbia (Provincial Health Services Authority) 2017 BCCA 46 serves as a good reminder to ensure that...

Costs Consequences of Wrongful Denial of Coverage by...

In its recent decision in Williams v. Canales 2016 BCSC 1811, the BC Supreme Court held that the costs...

Action Survives Despite Inordinate and Inexcusable Delay

The British Columbia Supreme Court in 0768184 B.C. Ltd. v. Dass, 2016 BCSC 2293 confirmed how difficult it can...

Plaintiff receives 100% of loss to family business due to...

Salame v. Sutherland 2016 BCSC 1610 provides new guidance on the proper calculation of past loss of capacity to...

Occupiers get credit for good-faith safety measures

An occupier of a premises must ensure that the premises are reasonably safe, not perfectly so. In Biason v....

Doctor knows best – a new high water mark for...

In the recent case of Mullens v. Toor 2016 BCSC 1645 the court reduced the plaintiff’s damages by 50%...

Unless You Are Incapacitated, You Better Tell Your Local...

The court summarily dismissed a claim for injury arising from a fall on a City sidewalk, because the plaintiff...

Victoria BC Insurance Defence Lawyers

Psychiatric injury similar in impact to brain injury...

The plaintiff in Hans v. Volvo Trucks North America Inc., 2016 BCSC 1155 received one of the highest non-pecuniary...

Absentee Landlord Responsible for $50,000 Strata...

The BC Supreme Court has issued an authoritative statement on the issue of whether a strata corporation is obligated...

Evidence required to set-off costs after acceptance of...

In Johnstone v. Haynes, 2015 BCSC 770 the defendants sought to enforce costs consequences after the plaintiff accepted an...

40% Reduction in Damages for Failure to Mitigate

In Liu v. Bipinchandra, 2016 BCSC 283, the court reduced damages by 40% for failure to mitigate. The court...

Apportionment of Fault Must be Pleaded

The defendant City of Vancouver is sued by a plaintiff injured while riding on the City’s sea wall. The...

No Double Costs if “unduly punitive”

In Mohamed v. Intransit BC Limited Partnership, 2016 BCSC 321, the plaintiff alleged that he was injured falling on...

Insurance is Valid If You Don’t Know What Your Tenant...

In Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422, the plaintiff sued her insurer...

Negligent failure to prevent bullying excluded from...

In Unifund Assurance Company v. D.E. et al, 2015 ONCA 423, the insurer successfully appealed after it was ordered...

Hasty Admission of Liability allowed to be withdrawn

Defence counsel in Monks v. Mohammed, 2015 BCSC 2308 filed a Response to Civil Claim admitting liability on behalf...

Victoria BC Insurance Defence Lawyers

Prior Action Documents to be Disclosed

In Easton v Chen, 2015 BCSC 2288, the defendant sought production of documents from four prior actions in which the plaintiff had claimed...