Posts by Farouk Jiwa
Dog Bite Injury Claims in BC
Dog Bite: The Law in British Columbia: Establishing Liability If you have been injured in a dog bite incident in British Columbia you have three legal avenues to pursue to establish liability against a dog owner: 1) scienter doctrine 2) negligence 3) or the Occupiers Liability Act. Scienter Doctrine Scienter is the Latin word for ‘knowledge’. The…
Read MoreWhat is Occupiers’ Liability in BC?
What is Occupiers’ Liability? This area of law involves those who have suffered injuries due to unsafe property conditions. In British Columbia the Occupiers Liability Act (“OLA”) details the legal obligations that occupiers owe to persons visiting their premises. Who is an Occupier under the OLA? Section 1 of the OLA defines an “occupier” as any person…
Read MoreJudge Points to BC Court Registry Flaw where Litigant Sought 500,000 Tesla Shares as Remedy
In a decision released March 5, 2021, a BC Court Judge has pointed to a lack of screening of court filings at the registry that permitted a litigant to use incorrect procedures to add numerous unrelated parties to a lawsuit where he sought outlandish remedies such as 500,000 Tesla shares and a private audience with Her…
Read MoreBC Supreme Court Strikes Down Civil Resolution Tribunal’s Jurisdiction in ICBC Cases
The Chief Justice of the BC Supreme Court released a 108-page decision today that strikes down portions of the Civil Resolution Tribunal Act as unconstitutional. The decision means that for motor vehicle accidents (ICBC Claims) that happened on or after April 1, 2019, the Civil Resolution Tribunal (“CRT”) can no longer: determine if an injury…
Read MoreBC Extends Suspension of Civil Jury Trials Due to Covid-19
The Ministry of the Attorney General of BC announced today that it is extending the current suspension of civil jury trials in the Supreme Court of B.C. until October 8, 2022 due to the ongoing Covid-19 pandemic and its affect on the Courts. Any civil trial taking place before October 8, 2022, will be heard…
Read MoreFamily Feud: Top 8 Things To Have Before Asking for a Divorce
As I was watching one of America’s hottest game shows hosted by Steve Harvey, an interesting question came up for the feuding families. They asked 100 people to name the top 8 things to have before asking your spouse for a divorce. And the survey said… A Good Lawyer Cash/Swiss Account Place to Crash…
Read MoreWhat are the ICBC Minor Injury Caps for Accidents after April 1, 2019?
Have you been injured in an accident on or after April 1, 2019 only to be told by the ICBC Claims Adjuster that the maximum settlement is $5,500.00 for pain and suffering (or $5,627.00 after April 1, 2020)? I have answered many calls over the last year and a half from injured people in BC…
Read MoreMedical Negligence and Dental Malpractice Law – Making a Claim in BC
Even though Canada is at the frontline of quality medical and dental care, sometimes mistakes do occur. Medical and dental professionals (including nurses and other health care professionals) must provide an acceptable level of health care that protects their patients from harm. If this duty of care is not met, then the health care practitioner…
Read MoreJudge Reduces ICBC Claim by 40% for Failing to Follow Medical Advice
If you’ve sustained injuries as a result of a motor vehicle collision, your doctor, at some point, will likely recommend that you attend treatment of some sort. Whether it be physiotherapy, chiropractic or massage therapy, active rehabilitation, medications or even psychological counselling, your doctor is recommending these treatments with a view to alleviating your injury…
Read MoreBC Hit and Runs: Making an ICBC Claim
What is a Hit and Run? A hit and run is when an unknown driver damages your vehicle or injures you but leaves the scene of the collision. Fortunately, anyone involved in a hit and run in BC has the right to seek compensation for a hit and run directly from the Insurance Corporation of…
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