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Aug 17, 2016

The decision in Symons v. Insurance Corporation of British Columbia, 2016 BCCA – Summary and Implica

Facts The plaintiff was seriously injured in a motor vehicle accident when she was rear-ended by a truck on April 20, 2008. She was disabled from working for two weeks and received disability benefits from ICBC. On May 2, 2008, she returned to work and her benefits were discontinued. Over the next several years her injuries worsened and she again became disabled from work. On January 23, 2013, over four and a half years after the accident, the plaintiff asked ICBC to reinstat

Aug 11, 2016

The Duty to Warn in Product Liability Cases

On June 28, 2016, international furniture manufacturer IKEA announced a mass recall of the MALM dresser in North America. IKEA had repeatedly warned customers of the risk of tipping in the past, as the popular dresser was blamed for three toddler deaths in the United States since February 2014. After two child fatalities in 2014, IKEA launched a campaign in March 2015 called “Secure It!” to promote the use of wall restraints. By mid-2015, IKEA issued a repair notice for the M

Aug 10, 2016

Claiming Privilege Over Investigative Documents: a summary of the recent decision in Plenert v. Meln

Brief Facts: The action arises from a very serious motor-vehicle accident that occurred in November 2010. There were at least five actions commenced and in addition to the injuries and vehicle damage, there was alleged damage to the rail line close to the scene of the accident. Emil Anderson Maintenance Co. Ltd. ("Anderson") was the third party contractor responsible for maintenance of the section of the highway involved. Continental Casualty Company (“Continental”) was the

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