Negligence Law Articles

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…