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Vancouver BC Litigation Lawyers: Hobbs Giroday

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  • About
    • Vision & Values
    • Fee Arrangements
    • Organizational Memberships
    • Testimonials
  • Practice Areas
    • Estate Solutions
      • Probate
      • Validity of Wills
      • Wills, Estates and Succession Act (“WESA”)
      • Trust Litigation
      • Articles
    • Negligence
      • Professional Negligence
      • Medical Malpractice
      • Dental Malpractice
      • Personal Injury
      • Products Liability
      • Articles
    • Business Law
      • Contractual Disputes
      • Enforcement of Judgments
      • Debt Collection
      • Shareholder Disputes
      • Securities Litigation
      • Construction
  • Our Team
    • David Hobbs
    • Ian Giroday
    • Berta Lopera
    • Dylan Segal
    • Or Regev
    • Austin DeBrincat
    • Danielle Carman
    • Lauryn Wray
  • Resources
    • All Articles
    • FAQ Videos
    • Podcasts
    • Publications
      • Legal Articles
      • Case Comments
      • Reported Cases
      • Business Law Resources
    • Media
    • Speaking Engagements
  • Careers
  • Contact

Negligence Law Articles

  • Personal Injury: Entitlement to Disability Benefits from ICBC following a Motor Vehicle Accident February 11, 2013
    If you suffer a personal injury due to another person’s negligence and want to make an ICBC claim for disability benefits, you should be aware of the rules regarding entitlement to such benefits. The basic rule with respect to whether a person is entitled to…
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  • Damages in Negligence for Personal Injury: Loss of Earning Capacity January 28, 2013
    Upon suffering a personal injury due to another’s negligence, a person’s life is often impacted in a variety of ways, both tangible and intangible. The law of damages attempts to undo these wrongful effects by restoring the plaintiff to his pre-accident condition (to the extent that…
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  • The Standard of Care in Negligence: the Reasonable Person January 21, 2013
    As regulator of most activities in modern society, negligence is the most important field of tort liability (Canadian Tort Law, by Allen Linden, 2001, pg 101) (“Linden”) and includes claims related to medical malpractice, personal injury, product liability and professional negligence. There are several elements…
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  • Causation in Negligence (Part 1) January 19, 2013
    In Clements v. Clements 2012 SCC 32 ("Clements"), the Supreme Court of Canada ("SCC" or the "Court") dealt with the issue of causation in negligence actions.  More specifically, the Court set out the criteria for determining when the material contribution test may be substituted for…
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  • Causation in Negligence (Part 2) January 19, 2013
    Continued from Causation in Negligence (Part 1) Clements is significant for a number of reasons. First, and most obviously, Clements clarifies the law with respect to the application of the material contribution test in substitution for the "but for" test in negligence cases. Second, the…
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  • Duty of Care in Negligence November 27, 2012
    Negligence is the most important tort, and includes claims involving medical malpractice, personal injury, product liability and professional negligence. A cause of action in negligence has multiple elements which must be proved in order for the action to succeed. Each of these elements functions to…
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  • Concurrent Liability in Tort and Contract for Pre-contractual Misrepresentation September 13, 2012
    Introduction The topic of this article is concurrent liability for pre-contractual misrepresentation made between contracting parties. It is not uncommon for negligent misrepresentations to be made by parties in a contractual relationship with one another. The legal analysis of such misrepresentations depends on whether the…
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  • No Fault Benefits June 7, 2012
    A person may be entitled to benefits payable by ICBC. These benefits are commonly called “No Fault Benefits” because the benefits are payable if the requirements of the Regulations are satisfied. The requirements are set out in Part 7 of the Regulations made under the…
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  • Compensation for Injuries from a Motor Vehicle Accident June 7, 2012
    When a person is injured in a motor vehicle accident that is not their fault, they are entitled to certain damages from the driver at fault.  It is usually the at fault driver’s insurance company (ICBC for B.C. drivers) that pays the damages.  The damages…
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  • About Medical Malpractice June 6, 2012
    In a medical malpractice lawsuit a person claims that a healthcare provider has caused injury by providing care below the required standard. Other issues such as defective medical devices may also arise. While doctors are often defendants in malpractice lawsuits, suits may include pharmacists, dentists,…
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