Pushor Mitchell Partner Paul Mitchell, K.C. is Chair of the firm's Medical Malpractice Group, and recently settled a medical malpractice case for a client in BC at mediation for over $5 million.
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Our Product Liability Group have considerable experience in product liability and defective product cases. Partner Paul Mitchell, K.C. recently settled a 2.4-million-dollar products liability action. Last year he settled a 1.8-million-dollar product liability action in Alberta. We have experience in product liability claims involving: the design and manufacture of automobiles (including roll over and roof […]
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This UBC study concludes that many common prescription medications pose a risk of causing a car crash.
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Gathering evidence immediately after a car crash is often crucial to the success of your personal injury claim.
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This Article in the Province Newspaper by a Doctor shows why No Fault is not good for the injured.
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This article by an economist shows the NDP’s justification for No Fault makes No Sense.
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A recent case in Ontario found a rec league hockey player responsible for significant damages for a blindside hit in a no contact league.
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Join the Kelowna Chamber of Commerce and Pushor Mitchell LLP for Commerce ConneX on the Pushor Mitchell Roof Top Patio.
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Register now for EarlyBird tickets to the 2019 BRAINX Symposium on June 6, 2019. The symposium follows a new TED Talk format and features an outstanding lineup of speakers including keynote speaker Martin Parnell and Pushor Mitchell employment lawyer Colin Edstrom: Learn More. We look forward to seeing you there!
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In the latest ‘reform of the law for collision victims in BC, the NDP have passed a new regulation shortening the time to submit receipts to ICBC from 2 years to a mere 60 days.
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Bill McKinnon was Kelowna’s RCMP Superintendent a number of years ago. He was tasked by Kelowna City Council to investigate and prepare this report.
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Pushor Mitchell is pleased to sponsor The Rossi Collection, the current exhibition at the Kelowna Art Gallery.
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On June 12, 2018, the Federal Court of Canada (the Court) rendered its decision in Heffel Gallery Limited v. The Attorney General of Canada.
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On June 7, 2018 it was once again time for BRAINX Symposium on Brain Injury in Kelowna.
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A vast number of traumatic brain injuries go undiagnosed and untreated, particularly in hospital emergency rooms. According to a University of Washington study, 56 percent of mild traumatic brain injuries went undiagnosed in emergency room visits.
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Join the Kelowna Chamber of Commerce and Pushor Mitchell LLP for an evening of conversation, great food and drinks.
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Pushor Mitchell is pleased to be a sponsor of the current exhibition, featuring Canadian Masters from the past 150 years.
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New Underinsured Motorist Protection (UMP) options are now available from ICBC. Learn why you should take advantage of this new option for UMP.
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Distracted driving is a huge problem and one that is costing lives. It is now responsible for more motor vehicle deaths than drunk driving.
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Incidents of “dooring” are increasing. Both cyclists and drivers need to read this article.
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Early Bird tickets are now on sale for the Pushor Mitchell Okanagan Symposium on Brain Injury on Thursday, June 1, 2017.
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This article explains how ICBC third party liability works, and discusses the factors to consider in choosing how much coverage to buy.
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Are you caring for someone and experiencing a depletion in emotional and physical energy? This is very common, and called “Compassion Fatigue” and there is help! Attend the Compassion Fatigue Workshop hosted by BrainTrust Canada, on Saturday November 5th at the Ramada Hotel in Kelowna.
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This article deals with the issues surrounding the definition of “Principal Operator” under an ICBC insurance policy, and the risks involved by not naming the correct person.
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This form is a concise list of potential symptoms arising from a brain injury or concussion.
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A 10-year analysis of approximately 3,000 malpractice complaints and settlements involving surgical “incidents” in Canada has just been released by the Canadian Medical Protective Association.
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This event being presented by Brain Trust Canada will be held at The Laurel Packinghouse on May 12, 2016.
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After an accident critical evidence from the accident scene can disappear if it is not obtained immediately.
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Far too many drivers don’t realize that driving while sleep impaired (drowsy driving) can be just as dangerous as impaired driving. Read the alarming statistics, and then send this article to your family and friends to warn them of the dangers.
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Beginning Dec. 1, 2015, the amount of assets that people receiving disability assistance may hold without losing eligibility for assistance will rise.
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Health Canada joins recall with the United States Consumer Product Safety Commission (US CPSC), on various bicycle manufacturers and distributors, for bikes sold from 1998 to July 2015.
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While out on the road, you see a motorcycle accident, or you may be involved in one yourself. What should you do, and how can you help?
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BrainTrust Canada is hosting its 22nd annual brain injury conference - the Pushor Mitchell Okanagan Conference on Brain Injury on Friday, May 8th, at the Laurel Packinghouse in Kelowna.
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A recent BC case held parents liable for damages of over $48,000 caused to school property by their child.
This case highlights the sometime harsh effects of s.10 of the BC School Act, which holds parents responsible for intentional damage to schools done by their children, even though the parents have nothing to do with their children’s conduct.
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An airbag defect that’s blamed for at least four deaths has led the US National Highway Traffic Safety Administration to issue a recall notice for more than 4.7 million vehicles. The latest recall brings the total number of cars recalled because of the airbag issue to 12 million worldwide, reports The Washington Post. The NHTSA […]
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Teens are involved in many serious car accidents.
Pushor Mitchell personal injury and ICBC claim lawyer Paul Mitchell Q.C. has prepared a “Teen and Parent Car Use Agreement ” to assist parents in getting the message across to their teen driver about driving safely.
This Agreement is free. Yes, free.
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Harley-Davidson has announced a recall of over 66,000 motorcycles due to a defect that can cause the front wheel to suddenly lock up. When the recall was issued, only five crashes had been reported and the injuries were minor, but the potential dangers of this type of defect are frightening. This is the second major […]
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The Supreme Court of Canada released their judgement on Senate Reform on April 25th, 2014. The Governor in Council referred the following questions to the Supreme Court of Canada, pursuant to s. 53 of the Supreme Court Act. 1. In relation to each of the following proposed limits to the tenure of Senators, is it […]
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The BC Government announced the introduction of Bill 13, the Off Road Vehicle Act, which seeks to change the Province’s system regulating the use of off road vehicles. Below is the BC Government’s press release: VICTORIA – Bill 13, the Off Road Vehicle Act introduced today, promises certainty, safety and regulatory structure for thousands of off-road enthusiasts. The proposed Off Road Vehicle – or ORV [...]
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A mountain bike suspension front fork used on many popular mountain bikes has been recalled as a result of potential failure issues, which could cause serious injury.Product description: Fox Evolution 2013 Mountain Bike Suspension ForksThe recalled suspension forks are model year 2013, model number 32 and 34 Fox Evolution Series, with 120 mm to 160 mm of travel. The Evolution name and logo are on a sticker on the front fork, [...]
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Most people are aware that sleep deprivation can have a dangerous effect on driving ability. In some cases sleep deprivation can impair your abilities as much as alcohol. Many people are not aware of the residual effects of sleep medications on driving ability the next day. Sleep experts warn that people should exercise caution before […]
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Guardrails can be dangerously designed. Severe accident cases involving impacts with guardrails should always entail an analysis of the design of the guardrail, and whether the guardrail was properly designed and installed, given its intended use, and other guardrail design options that are available.
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This decision is important as it revisits the debate concerning the legality of assisted suicide in Canada, and appears destined for the Supreme Court of Canada (SCC). In this case the Plaintiffs, Carter and Taylor, suffered from terminal and progressive diseases. Gloria Taylor was a resident of West Kelowna, They brought a civil claim challenging […]
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I have acted for numerous motorcyclists who have been severely injured as a result of cars colliding with them when the motorcyclist was easily seen and clearly visible.
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Paul Mitchell Q.C. settled a serious brain injury case for a client in Vancouver. The Vancouver resident slipped on a piece of fruit in an aisle of commercial retail food premises in Vancouver, and sustained a very severe brain injury. The client and his family retained Mitchell to act their behalf. Mitchell commenced the law suit against the owner of the mall, and the commercial food retailer tenant. The issues involved the system of [...]
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Traumatic brain injury can have wide-ranging physical and psychological effects. Most signs or symptoms are evident soon after the traumatic event, while you may only become aware of others days or weeks later. This article by Paul Mitchell,Q.C. lists some common symptoms to be aware of, and special considerations relating to children.The following are the most common symptoms of a TBI:General
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Hospital MRIs may be better at predicting long-term outcomes for people with mild traumatic brain injuries than CT scans, the standard technique for evaluating such injuries in the emergency room, according to a clinical trial led by researchers at UCSF and the San Francisco General Hospital and Trauma Center (SFGH).
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Accidents in winter are often more serious because cars can’t slow down as quickly when they skate over ice. The key is to prevent the damage and injury by avoiding those accidents altogether. The problem, however, may not just be your driving. Other drivers can make poor judgements when winter driving. Others on the road […]
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Researchers who identified brain changes in people with post-concussion syndrome say their findings may lead to improved detection and treatment of the disorder.Symptoms of post-concussion syndrome, which occurs in 20 percent to 30 percent of people who suffer mild traumatic brain injury, include headache and memory and concentration problems.
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Thousands of motorists may be driving cars and trucks installed with dangerous counterfeit air bags. Car owners whose air bags have been replaced in the past three years may have had dangerous counterfeit bags installed. The Los Angeles Times reports, "Federal safety regulators are warning that counterfeit air bags are being installed by auto repair […]
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People whose heads are turned at the time of a rear impact collision risk a much more serious whiplash injury, with potentially chronic symptoms, and a Yale School of Medicine study explains why.
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A recent policy statement by a group of doctors highlights the inherent dangers of trampolines. Think a net makes them safe? Read how a trampoline can cause severe injury, and how it could ruin your life, even with a “safety net”.Trampolines are very dangerous. If you have one in your backyard, I would recommend you consider getting rid of it. The risk is just too great that someone will be injured, no matter what preventative [...]
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ICBC is in a state of flux after the Government’s recent review of ICBC’s operations. ICBC CEO Schubert is “stepping down” in November. This has been quoted as a “mutual decision” between government and Mr. Schubert. The ICBC review report is available at: http://www.fin.gov.bc.ca/ocg/ias/pdf_docs/ICBC_Review_2012.pdf ICBC’s response to the review is available at: http://icbc.com/news/2012aug16-02 [...]
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Preliminary findings show that the connection between whiplash and brain injury is more significant than thought.
While it has long been known that whiplash can cause injuries to the cervical spine, a new study published in the July issue of the journal Brain Injury, “Chiari and whiplash Injury”, co-authored by Ezriel E. Kornel, M.D. F.A.C.S., Michael D. Freeman, Ph.D., and others) shows that whiplash may also cause anatomical [...]
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This article describes how “structured settlements” are used in serious personal injury actions.Anyone with a serious injury claim should consider using a structured settlement.Mckellar Structured Settlements Inc. explains what a structured settlement is, and how they work, in this online article below.Our firm’s Personal Injury Group has successfully concluded numerous structured settlements on behalf of seriously injured [...]
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Mild brain injury cases are very complex. This series of 5 articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths About Mild Brain Injury.Find out what is involved in these challenging and difficult cases, and separate fact from fiction.Myth # 2 A MILD TBI HAS IMMEDIATE SYMPTOMS, AND THEY SHOULD CLEAR UP QUICKLYFACTIt can take days or weeks for the effects of traumatic brain injury to become obvious to the [...]
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Mild brain injury cases are very complex. This series of 5 articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths About Mild Brain Injury.Find out what is involved in these challenging and difficult cases, and separate fact from fiction.Myth # 3 A Clear MRI or CT Scan Means there is No Brain InjuryFACT ; A clear MRI or CT scan does not rule out a mild traumatic brain injury (MTBI).
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Car crashes are the number one killer of children 1 to 12 years old in the United States and Canada. The best way to protect them in the car is to put them in the right seat, at the right time, and use it the right way. Read this article to help you make better-informed choices when choosing and using a car seat.
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Mild brain injury cases are very complex. This series of 5 articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths about Mild Brain Injury.Find out what is involved in these challenging and difficult cases, and separate fact from fiction.Myth # 4 You need to have an Impact to the Head to Have a Brain InjuryFACT
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Mild brain injury cases are very complex.This series of articles by BC brain injury lawyer Paul Mitchell, Q.C., will explain the Top 5 Myths About Mild Brain Injury.Find out what is involved in these challenging and difficult cases, and separate fact from fiction.Myth #5 You need to have a Loss of Consciousness to Have a Brain InjuryFACTThe diagnosis of a mild traumatic brain injury (MTBI) in fact does not require a loss of consciousness (LOC).
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Prisoners suffer disproportionately from past traumatic brain injuries.Researchers are hunting for the best tools to treat this population in an effort to help them reintegrate into society--and avoid re-incarceration.About 8.5 percent of U.S. non-incarcerated adults have a history of TBI, and about 2 percent of the greater population is currently suffering from some sort of disability because of their injury.In US prisons, however, [...]
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Many groups are lobbying for a change to BC wrongful death legislation. This article discusses some of the issues involved in this very emotional area of law. Should someone die as a result of someone’s negligence, their immediate family is entitled to sue for damages under the BC Family Compensation Act. The Family Compensation Act […]
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Medical malpractice cases are very complex.This series of articles by BC personal injury and BC medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.Find out what is involved in these difficult cases.#1 Quantifying Damages in [...]
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Pharmaceutical giant Merck has agreed to pay up to CAN$36.8 million (US$36.3 million) to resolve all suits brought against it in Canada over its former hit painkiller Vioxx. Merck voluntarily withdrew the popular medicine, known by its generic name Rofecoxib, from the market in 2004 after interim clinical trials linked the anti-inflammatory drug to a […]
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Medical malpractice cases are very complex.This series of articles by BC personal injury and BC medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.Find out what is involved in these difficult cases.#2 Time Limitations in Medical [...]
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Recent studies have diagnosed a growing problem in operating rooms: Distracted doctors and surgical staff are at times texting or surfing the web while performing patient procedures. It has led to medical errors and lawsuits. By Andrew Chow from Findlaw.com Recent studies have diagnosed a growing problem in operating rooms: Distracted doctors and surgical staff […]
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Reasons for judgement were released recently by the BC Court of Appeal confirming that ICBC’s No-Fault Benefits Scheme (aka Part 7 Benefits) requires mandatory coverage of massage therapy benefits. These reasons are useful as they contradict ICBC’s internal policy limiting the availability of coverage for massage therapy.
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Medical malpractice cases are very complex.This series of articles by BC personal injury and BC medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.Find out what is involved in these difficult cases.#3 WHAT ARE THE COSTS IF YOU [...]
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Medical malpractice cases are very complex.This series of articles by BC personal injury and BC medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.Find out what is involved in these difficult cases.
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Medical malpractice cases are very complex.This series of articles by BC personal injury and medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so hard to win.Paul Mitchell Q.C has successfully concluded BC medical malpractice cases for [...]
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Medical malpractice cases are very complex. This series of articles by BC personal injury and medical malpractice lawyer Paul Mitchell, Q.C., will explain the Top 7 things you need to know about medical malpractice cases, including when a medical malpractice case should be commenced, the legal and medical issues involved, and why they are so […]
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This series, by BC personal injury lawyer Paul Mitchell Q.C, will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.
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This series, by BC personal injury lawyer Paul Mitchell Q.C, will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.
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This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]
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Facebook, Twitter, and other services have become a major resource for both prosecutors and defense attorneys, letting them glean more insight than they can get from jury questionnaires. They are also being used in civil jury cases. When jurors were chosen for the perjury trial of baseball star Barry Bonds last month, they were barred […]
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This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim.The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]
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I came across a video recently that is a must see for every parent and grandparent.The video was prepared for the Utah Primary Children's Medical Centre campaign on the need for children to use booster seats until they are tall enough to use an adult seat belt.It describes how using a booster seat, when your child has out grown their children’s safety seat, may possiblly avoid a serious injury to your child.
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Should a parent register their teenager’s car in the parent’s name to save on insurance premiums? Some parents register a car to be used by their teenager in the parent’s own name, to save on insurance premiums. This article explains the tremendous risks in doing so. A parent should never…repeat…never… register a car to be used primarily […]
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With spring arriving, there will be an increasing number of cyclists on the road.This article is a refresher on safe bicycling practices, and how to avoid an injury riding your bike.It is a good read for all members of your family who ride.Joe Travers at Biking Toronto has been posting a helpful series titled, “10 Secrets to Cycling with Traffic”.Check out the full “10 Secrets to Cycling with Traffic” series, and ride [...]
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This series, by BC personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC personal injury claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your ICBC personal injury claim is not prejudiced.This month, Mistake # [...]
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This series, by Pushor Mitchell personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The articles will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim.For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.This month, Mistake # 6 Not [...]
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ICBC and one of it's expert doctors were both lambasted in a recent B.C. Supreme Court case.Many say the case is emblematic of ICBC using experts who they know are unreliable, merely to discredit a plaintiff with a legitimate claim.In the ruling Justice Dev Dley hammered ICBC's paid expert witness, the psychiatrist Dr.
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This series, by Pushor Mitchell personal injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.
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This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.Mistake # 8) Failing to have the vehicles and [...]
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This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C,.will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.
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This series, by Pushor Mitchell personal Injury lawyer Paul Mitchell Q.C., will explain the Top Ten mistakes to avoid with your ICBC claim. The article will give tips on how to ensure you do not make serious mistakes that could be fatal to your claim. For the next 10 issues of Legal Alert, Paul will focus on one mistake you should avoid, and what you should do instead to ensure your claim is not prejudiced.
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Johnson & Johnson is likely facing many lawsuits as a result of defective hip-replacement devices that the drugmaker stopped selling last month after defect reports surfaced.Officials of J&J and it's subsidiary DePuy Orthopaedics said they recalled the devices, known as the ASR XL Acetabular and the ASR Hip Resurfacing systems, after researchers found many patients needed “revision surgery” after five years because [...]
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ICBC has been accessing sites such as Facebook, Blogger, MySpace, and other social newtorking sites in order to investigate injury claims.
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A recent BC Supreme Court case hi-lites a creative use of cell phones at an accident scene ; using your phone to photo the accident scene evidence AND obtain a verbal recorded statement from the other driver.
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Supreme Court Case on Social Host Liability I am concerned that many people may not know the details of this recent Supreme Court of Canada case, and may mistakingly believe that social hosts now have no duty whatsoever to their guests.
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Should I call a lawyer even if I may not have a case? Yes, you should call a lawyer as soon as possible. Lawyers are trained to know the law and how the law applies in different situations. Since there is generally no charge for an initial consultation, there is nothing to lose by calling. How long do I have to make a claim?
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Several recent BC cases have once again shown the dangers of having low third party liability limits on your ICBC policy.Third Party Liability (TPL) is the amount that ICBC will pay out on your behalf should you be at fault in an accident and cause an injury to someone else (the "third party"). The amount of your TPL coverage is chosen by you when you take out or renew your automobile insurance.Of course $ 1million TPL is cheaper [...]
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You may not be aware ICBC is actively considering a no-fault automobile insurance scheme that will drastically reduce peoples rights and the rights of innocent accident victims. Essentially, no-fault automobile insurance would eliminate your right to sue for damages or compensation for injuries. The proposed system would be similar to a Workers Compensation Board type of system and would force innocent accident victims to accept whatever [...]
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