Personal Injury Lawyers
June 21, 2018
The notion of a duty of care is a legal obligation imposed on an individual (including corporations) to undertake a reasonable standard of care while performing an act that could foreseeably harm others. The Supreme Court of Canada recently issued a decision stating that a parking garage does not owe a duty of care to […]
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June 14, 2018
Automobile accidents can have devastating impacts on those involved as well as their families. The fallout from an accident can take many forms. A recent decision from the Court of Appeal for British Columbia recently addressed whether the brain injuries suffered by an individual can be blamed for poor financial investment decisions he made after […]
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June 8, 2018
In any legal claim, there is always a chance that you will not be successful. Losing a claim at trial has the potential to be very expensive, and for potential plaintiffs, the risk of adverse costs can be enough to prevent them from advancing a claim in the first place. With legal protection insurance, however, […]
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May 31, 2018
Airplane accidents rose in Canada in 2017, and pilots say the risk is going to continue to grow unless better safety oversight is adopted and enforced throughout the industry. Increased number of “aviation incidents” and airplane accidents occurred in 2017 The Transportation Safety Board of Canada (TSB) reported last February that the number of aviation […]
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May 24, 2018
Recently, we discussed the concept of the duty of care in the context of medical malpractice claims. This is also an element of other negligence claims, and a recent Supreme Court of Canada decision has clarified the legal test to determine whether a duty of care exists. The duty of care in negligence Generally speaking, […]
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May 17, 2018
The Court of Appeal has rejected a man’s attempt to overturn a lower court’s decision that found in favour of his life insurance provider that had mistakenly showed a paid up value of $13.4 million for his policy. Alguire v. The Manufacturer’s Life Insurance Company The plaintiff in this claim had purchased a guaranteed renewable […]
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May 10, 2018
In a previous post, we explained documentary discovery in a lawsuit, and how every party to the action must disclose every document or record in their possession or control that may be relevant to the proceedings. Documentary disclosure and medical negligence claims In any personal injury claim, one of the central issues is what injuries […]
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May 3, 2018
Continuing our series about medical negligence, this post looks at the doctrine of “informed consent” as it relates to health care providers. If a medical professional undertakes any procedure or course of treatment without obtaining informed consent from their patients, they may be liable for certain negative outcomes, even if the procedure is performed properly […]
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April 26, 2018
The last post in our series about the essential elements of a medical malpractice claim is about causation. In any personal injury claim against a doctor, dentist or other medical professional, there are four key elements that the plaintiff must prove in order to succeed. These are: The doctor, dentist or health care provider owed […]
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April 20, 2018
As discussed in our previous posts about the duty of care and standard of care, to win your medical malpractice claim, you need to prove: That the doctor, dentist or health care provider owed you a duty of care; The services or treatment provided fell below the applicable standard of care; You suffered a compensable […]
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