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. …
Damages in Negligence for Personal Injury: Loss of Earning Capacity
As Vancouver litigation lawyers practicing personal injury law, we handle a wide range of negligence actions on a regular basis, including professional negligence claims (such as medical malpractice, product liability claims and ICBC claims). Upon suffering a personal injury due to another’s n …
The Standard of Care in Negligence: the Reasonable Person
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 se …
Causation in Negligence (Part 1)
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 the usual "but …
Causation in Negligence (Part 2)
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 …