Topic: Personal Injury

Causation in personal injury cases clarified

In Clements v. Clements [2012] S.C.J. No. 32 the Supreme Court of Canada examined  causation where several possible causes, but only one tortfeaser, may have caused injury. The case presented an unusual set of facts and unusual circumstances.  Most frequently, issues of causation arise when the court examines which of two or more tortfeasors caused

Supreme Court of Canada Clarifies Negligence Test – Clements v. Clements

In personal injury cases, the most recent word from our top court regarding the test for negligence (and thus liability for accidents) was Resurfice Corp. v. Hanke, 2007 SCC 7.  Although Resurfice was quite comprehensive, it left open some questions as to the exact nature of the test to be applied, which the court has addressed in Clements v. Clements, 2012 SCC

No – Fault Insurance Injustice

Every now and then, I have a discussion with people about the merits of no-fault insurance.  The argument goes that if we only had no-fault, we would save a lot of time and money in not fighting over the damages in each case.  Some people believe that the fault based system is an industry designed

Motorcycle Safety

It is finally summertime and there are lots of motorcycles out there on the roads, along with a lot of bikes, recreational vehicles, campervans, and trailers.  Although the roads are dry, there are still too many accidents that come with increased mixed use of the highways. ICBC just released a useful summary regarding sharing the

Negligent Drivers – Who Pays?

By Jean H. Oland – Personal Injury Lawyer Through no fault of your own, you have been injured in a car accident. You have back and neck injuries.  You recover about 60% from your injuries, but you are still symptomatic.  Your misfortune continues when your injuries are aggravated in a second accident a short time