In a personal injury claim, whether your claim arises as a result of a motor vehicle accident, slip and fall or some other unfortunate event, compensation can be pursued for things like pain and suffering.
There are lots of questions about the new Canadian anti-spam legislation (commonly referred to as “CASL”) which comes into force on July 1, 2014 and there is lots of information online and elsewhere about what it will mean for marketing and email communications, however, there is not a lot of information about what this means for employers trying to communicate with their employees. CASL prohibits organizations from sending [...]
Every year in my personal injury practice, I meet with individuals who have had the unfortunate luck of sustaining significant injuries while out shopping, eating dinner out, attending a party, etc. In other words, these individuals have been injured while on someone else’s property. I have seen injuries sustained in all kinds of circumstances ranging from slip and falls to more unpredictable events like products falling off shelves or [...]
As a personal injury lawyer, my initial contact with new clients often comes after ICBC has made them an offer to settle their personal injury claim. The question I am asked in those circumstances of course is whether the ICBC offer is reasonable. There are a couple of important things to understand when it comes to assessing an offer from ICBC.
For employers in the wine industry, it is not uncommon for seasonal workers to make up a significant portion of the total workforce. It is important, therefore, to understand that seasonal workers can give rise to unique legal issues, including issues surrounding severance obligations in the event a seasonal employee is terminated without cause.
As a personal injury lawyer, I have represented numerous clients that, prior to my involvement, were told by ICBC they were not entitled to injury compensation, despite having been injured in a motor vehicle accident. The reason ICBC had denied compensation in these instances was because it had determined that the accident was the fault of my client. It is certainly true that you are only entitled to injury-related compensation, [...]
One of the questions I get asked most often is "When do I know I need a lawyer?" or "How long after sustaining an injury should I wait to consult a lawyer?" These questions can come up in a variety of circumstances including motor vehicle accidents, slip and falls and other cases involving personal injury. There is not a specific answer to the question, but my rule of thumb is the more significant or long-lasting your [...]
Most of us know that employers have the right to terminate an employee ‘for cause’ at any time during the employment relationship. If an employer has ‘cause’ to terminate an employee, the employer can do so immediately, without notice to the employee and without paying any severance. However, many lawsuits arise over the question of whether the employer, in fact, had ‘cause’ to terminate the [...]
Many clients that I speak to are disappointed to find out that there are very few options that allow you to take steps at the beginning of a lawsuit to help ensure that you recover a judgment should your lawsuit ultimately be successful. Generally speaking, we start with the principle that a person commencing a lawsuit, the Plaintiff, cannot take any steps against the assets of a Defendant in a lawsuit until that Plaintiff wins the lawsuit [...]
With the ever-changing technology and innovation of social media and the potential uses for it, a question that is often asked by employers is whether they can use social media to perform a ‘background check’ on potential employees. For example, if a candidate sends their resume to a potential employer, can that employer look them up on Facebook? Twitter? Can the employer use Google to give them a list of what is out there? And [...]
Imagine sitting in your vehicle stopped at a red light and getting rear ended by another vehicle travelling at a very slow speed. This type of accident may cause very little damage to the vehicles involved and it may appear, at least at first glance, to be a very minor accident. Often times the parties will escape without injury; however, just because an accident occurs at a low speed does not mean that injuries cannot be caused. In fact, [...]
When a person sustains injuries as a result of the fault of another, whether by way of a motor vehicle accident, a slip-and-fall or otherwise, there may be substantial limitations to that person’s ability to work and care for themselves for a period of time afterwards. Family members of the injured person often end up helping their loved one, whether by way of taking on housekeeping duties, or assisting with childcare, mobility, or [...]
This is the time of year when companies throw various social events to enjoy the Okanagan lifestyle with their employees, including golf tournaments, beach parties and family picnics. These events can be very successful, but employers need to be aware that they have legal obligations when alcohol is part of the event.
If you are injured in a hit-and-run accident in British Columbia, it is important to be aware that you may still be entitled to seek compensation for your injuries. The British Columbia Insurance (Vehicle) Act outlines the process by which an injured party can seek to recover injury compensation even though the identity of the responsible driver is unknown. There are, however, some key factors that impact whether you will be [...]
An employee that faces a unilateral change to their employment contract may have the right to treat the contract as wrongfully terminated and resign. In these ‘constructive dismissal’ situations, the employee, upon resignation, is entitled to claim damages in lieu of reasonable notice. It is important to note, however, that not every unilateral change amounts to constructive dismissal. The change must affect a fundamental term or [...]
The law requires that we fasten our seatbelts while driving or riding as a passenger in a motor vehicle. This law exists, at least in part, because seatbelts are proven to help reduce the risk of serious injury or death in the event of an accident. As a result of these proven safety implications, our law will often reduce the compensation that an injured motorist is entitled to receive if the motorist was not wearing their [...]