Carfra Lawton LLP | Insurance Defence Vancouver Island

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...