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...

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...

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...

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...

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...

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...

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....

Depths of duty-of-care liability

Since 1985, Victoria-based Carfra Lawton law firm has offered insurance defence throughout B.C. and the Yukon, with cases ranging...

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...

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...

Hasty Admission of Liability allowed to be withdrawn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...

Invitation to Settle does not Extend Limitation Period

In Trombley v. Pannu, 2015 BCSC 1889, the plaintiff’s claim was summarily dismissed because her slip and fall action...

Relaxed and Carefree Vacationers to be Reminded of the...

A passenger enjoying a two-day luxury train tour from Vancouver, BC to Jasper, Alberta fell and broke her kneecap...

Ambiguous waiver of liability not enforceable,...

In Chamberlin v. Canadian Physiotherapy Association 2015 BCSC 1260 the plaintiff, a physiotherapist, sustained injuries while participating in a...

New Trial Ordered to Determine whether Police owed Duty of...

Bergen v. Guliker 2015 BCCA 283 involved a head on collision that killed two people following a police chase...

Watch where you’re going! A nurse responding to an...

In Faircrest v Buchanan 2015 BCSC 657 a volunteer at a facility operated by a health authority was standing...

Common sense rules when a pedestrian is hit in a...

A pedestrian’s claim was dismissed in Vandendorpel v Evoy, 2015 BCSC 176, after he activated a crosswalk sign but...

Parents liable for damage to school property

A 14 year old student and his parents were held liable and ordered to pay over $48,000 plus interest...

Employee must prove malice for damages in defamation

Employment disputes are often emotionally charged. The dismissed employee can become obsessed with controlling the messages that could potentially...

Clinical Records Given More Weight Than A Medical-Legal...

In Hatchard v Sulzle 2014 BCSC 2135 the BC supreme court compared a family doctor’s clinical records to his...

Court of Appeal Rules Plaintiff 60% Liable for Failing to...

In Langille v Marchant 2014 BCCA 430 at around midnight the plaintiff was involved in a motor vehicle accident...

The Moose Was Loose; Now It’s Dead

In Ziemer v. Wheeler 2014 BCSC 2049 the defendant was driving his pick-up truck on a highway when he...

Court Dismisses Low Velocity Impact Claim

In Andraws v. Anslow 2013 BCSC 2080 the plaintiff’s vehicle was rear ended at very low speed. She sued...

Court of Appeal rules cyclist passing on the right at...

In Ormiston v Insurance Corporation of British Columbia 2014 BCCA 276 the plaintiff cyclist was injured near the bottom...

Private nuisance must be substantial and unreasonable

In Burke v Linder 2014 BCSC 1798 Mr. Justice Schultes confirmed a two part test for private nuisance: a...

Plaintiff’s Denied Disbursements Successfully...

Kelly McCullagh of Carfra Lawton LLP successfully defended an appeal in the Supreme Court of British Columbia of a...

Driver going the speed limit found negligent in collision...

Accidents involving collisions with animals can be tricky to defend. Plaintiffs are usually passengers. In a conventional two vehicle...

Take the Long Way Home – Avoiding Damage Claims for...

“Short cuts make long delays.” ― J.R.R. Tolkien, The Fellowship of the Ring Tolkien probably didn’t have civil litigation...

Plaintiffs must prove unsafe conditions cause injuries

In Kerr v Global Investments House Inc. dba Greenbrier Hotel 2014 BCSC 1544 the plaintiff sought damages as a...

Homemade Crab Cleaning Device Not an Unusual Danger

In Agar v Weber 2014 BCCA 297 the plaintiff sought damages arising from an injury he sustained to his...

Court of Appeal on Emergency Vehicle Liability

In Maddex v Sigouin 2014 BCCA 213 the court of appeal addressed the issue of the standard of care...

Municipal employee constructive dismissal: dismissed.

Robbins v Vancouver (City) 2014 BCSC 872 The plaintiff was employed by the defendant city from 1973 to 2011. In...

Limits on the Driving Privileges of Emergency Vehicles

Emergency vehicles do not have free rein in exercising the driving privileges they are accorded. In a judgment released...

ICBC Not Required To Pay For Injuries To Designated Driver

In Felix v Insurance Corporation of British Columbia 2014 BCSC 166 the BC Supreme Court recently held that the...