Carfra Lawton LLP | Victoria BC

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,...

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...

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...

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...

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...

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...

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...

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...

The BC Civil Resolution Tribunal is Up and Running

The oft-delayed, newest arm of the courts system in British Columbia is up and running. The British Columbia Civil...

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...

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...

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...

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...

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...

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...

Defence positions reasonably caused the plaintiff to...

In Gonopolsky v. Hammerston 2015 BCSC 2006 the plaintiff was awarded the costs of her personal injury action although...

No Adverse Inference for Family Members Not Testifying

Koltai v. Wang 2015 BCSC 1346 was a claim for personal injuries arising from a motor vehicle accident. The...

Know What You’re Paying For: Disbursements Include...

The Supreme Court decision Ward v. Pasternak 2015 BCSC 1190 has confirmed that it is not inappropriate to “bury”...

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...

A witness willing to attend an interview only in the...

The plaintiff in Cabezas v. HMTQ 2015 BCSC 449 was involved in a single motor vehicle accident and alleged...

Failure to accept “walk away” offer results in double...

In Johnson v. Jamieson 2015 BCSC 648 the court awarded the defendant double costs from the date of delivery...

Court acknowledges human tendency to distort history to...

In the personal injury action of Kondraczynski v. Rai 2013 BCSC 1061 the plaintiff, a 45 year old postal...

Settlement privilege waived for indivisible injury

The plaintiff in Dholliwar v. Yu 2015 BCSC 670 was involved in three motor vehicle accidents. He settled his...

An offer to settle does not create a debt between...

The BC Supreme Court recently confirmed that there is no legal relationship between a plaintiff and a defendant’s insurer....

Consult reports inadmissible as expert evidence

The admissibility into evidence of the written reports of experts is an exception to the usual rule that witnesses...

Plaintiff fined $25,000 for non-compliance with Court...

UPDATE – July 2015 The below-mentioned decision was overturned on appeal (2015 BCSC 1161) . The Court held that the...

Stringent test for striking pleadings and summary...

In Stoneman v. Denman Island Local Trust Committee 2015 BCSC 264 the defendants sought to strike the plaintiffs’ claims...

Dismissing a claim for “want of prosecution” is a tall...

Defendants are sometimes faced with plaintiffs who file claims and then do nothing or very little to advance their...

Plaintiff’s Application To Reopen Case Dismissed

The plaintiff in Thompson v. Choi 2015 BCSC 35 was denied leave to reopen his case, to rebut the...

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...

Plaintiffs Cannot Recover Interest Paid To Finance...

The Court of Appeal in MacKenzie v Rogalasky 2014 BCCA 446 has found that successful plaintiffs cannot recover, as...

Plaintiff’s Denied Disbursements Successfully...

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