Law One congratulates Securities lawyer Penny Green, the Founder and CEO of Vancouver-based Bacchus Law Corporation, for being named in the 13^th annual Profit W100 ranking of Canada’s Top Female Entrepreneurs.

Penny Green indicated that she was “honored to be included on a list of such inspirational business women.” Of the 100 women included on the list, Penny is one of only 17 hailing from British Columbia. Notably, Penny Green’s boutique law firm Bacchus Law is the only law firm that makes an appearance on the Profit W100 ranking this year.

Read the rest of this entry »

Recently Drysdale Bacon Mcstravick LLP partner Joe McStravick represented a plaintiff who was injured in a motor vehicle accident that resulted in soft tissue damage around the plaintiff’s spine and neck.

One of the major issues in the case was the fact that, moments prior to the accident, the plaintiff  had unbuckled his seat belt in order to adjust items in the back of his work truck. When the accident occurred, the plaintiff had not yet re-buckled the belt. The defense argued that the absence of a properly secured seat belt rendered the plaintiff partially liable for his injuries.

This argument comes up frequently in car accident claims and plaintiffs have been found partially liable for having neglected to buckle their seat belts. However, in order to establish shared liability the defense must prove that a plaintiff’s injuries were the direct result of an improperly secured belt. In this case the court agreed with Mr. McStravick that his client’s injuries could not be conclusively linked to his failure to wear a seat belt.

Although the lawyers at DBM will always encourage people to buckle-up before they hit the road, their latest case shows that an injury claim based on another’s negligence is not necessarily rendered moot by the lack of a seat belt. As with all personal injury cases. liability will depend on the specific facts in the case. This case serves to highlight the importance of getting proper legal advice from experienced personal injury lawyers if you are involved in a car accident.

You can read the full case at Jackson v. Jeffries.

Facebook is increasingly a source of frustration for victims of personal injury and the lawyers that represent them. Since the advent of Facebook eight years ago, there have been numerous instances of accident victims unwittingly undermining their injury claims by posting inappropriate pictures to the social media website. In fact, LawOne blogged about this topic – and the negative repercussions associated with it – not too long ago.

Recently, the Facebook beast raised its ugly head again: this time in association with a personal injury claim that was being argued in front of the BC Supreme Court. The client, represented by LawOne member firm DBM, had suffered soft tissue damage following a vehicle accident that occurred in 2009. As a result, the Plaintiff required accommodation at her job and was barred from taking part in many activities that she had previously enjoyed. A key issue in the case concerned photos taken during a trip to Las Vegas that were posted to her Facebook page. ICBC’s argument was that the photos undermined her credibility on the damages issue.

However, in this particular case, DBM was able to effectively argue that the photos were of limited significance. Justice Richard Goepel ruled that the case was meant to determine what the Plaintiff could no longer do as a result of her accident. Consequently, he found that her trip to Las Vegas was of little relevance, as a trip of this sort has never been the distinguishing hallmark of a full recovery.

The Following is an excerpt from a DBM blog post regarding the case:

BC Supreme Court Justice Richard Goepel called the photos she posted on her Facebook page a “non-factor in determining how much compensation she deserves for her injuries.” Justice Goepel noted that her injuries cause her significant pain and have affected all facets of her life. In making his findings, Justice Goepel added that the pictures were of limited usefulness given that she was seeking compensation for what she had lost, not what she could still do. As the judge put it, “The fact that [she] can spend a weekend with her friends in Las Vegas does not gainsay her evidence that she continues to suffer from the aftermath of the accident.” Justice Goepel further noted that she “should not be punished for trying to get on with her life and enjoying it the best she can regardless of the limitations imposed on her as a result of the accident.

Other cases involving Facebook photos that did not directly contradict the Plaintiff’s specific claims to injury have been viewed in a similar context (an example being the BC Supreme Court Case Cikojevic v. Timm). However, where social media is concerned it, is always better to be safe rather than sorry.  Few if any lawyers would recommend that you publish pictures of yourself skydiving or bull riding online following an accident.

For a comprehensive discussion of the case discussed in this blog post you can read DBM’s Blog Post.

College education is about practical training; less ivory tower musings and more shop floor details. This type of education appeals to employers who require employees ready to hit the ground running as part of a business. This is particularly important in paralegal programs where graduates need to be up to speed on the administrative details of private practice. This contrasts with law school, which caters towards theory and leaves the practical training to future employers (generally through articling student programs).

Teachers in paralegal programs need both the theory of law and the experience of private practice. Like many lawyers, these teachers wear many hats (or at least many suits). Surrey lawyer David Halkett, who practices family law at McQuarrie Hunter LLP, also teaches at Vancouver Community College’s paralegal training program. The broader legal community will benefit as more practitioners get involved in legal education.

The months of spring are replete with days of significance. There are religious holidays and a slew of other days intended to take advantage of the warmer weather or celebrate the arrival of spring.

Although, it’s likely that everyone has taken part in one of these days it’s equally likely that a large chunk of the population has ignored a newer annual day of meaning. On April 16th it was National Advance Care Planning Day. This is a day designated, for Canadians, to reflect on the decisions that need to be made at the end of a life.

The day is the result of efforts to create a pan-Canadian framework for the discussion of advance care planning. Too often important decisions are put off until it is too late. The Advance Care Planning in Canada Project hopes to limit instances of this type. For those of you who are not completely certain of what Advance Care Planning encompasses, you should know that whenever a capable adult thinks or talks about their wishes for future health care with close family members and their health care provider, they are engaging in advance care planning.

The Ministry of Health encourages all capable adults to embrace advance care planning and take advantage of tools like the advance care planning guide, My Voice: Expressing My Wishes for Future Health Care Treatment. By spending time thinking and discussing matters of this kind in the present, individuals will avoid a number of complicated issues that may arise for their loved ones in the future.

The Advance Care Planning in Canada Project is intended to raise the awareness of Canadians regarding advance care planning and to equip them with the tools they need to engage in the process. An immediate goal is to encourage individuals to access the assistance of professionals and health care providers to begin the process of advance care planning.

Clearly these efforts are commendable. As the baby boomer generation continues to age, the need to educate the public about proactively planning for the future can only increase. Lawyers who practice in the areas of committeeships, wills, trusts and estate planning are all logical choices as trusted advisors when it comes to planning both for end of life decisions and the future financial well being of family members. LawOne is a resource that can help. Our network of lawyers includes legal professionals who practice in the above-mentioned areas. You can find their contact information on lawone.ca.

For additional information about advance care planning view the government Press Release or browse the BC Minisitry of Health’s website on making future health care decisions.

Wondering whether your legal fees in a family law matter are tax deductible? Check out the latest post from the Henderson Heinrichs Vancouver Divorce Law Blog.

Dealing with the financial issues surrounding the breakdown of a marriage is complicated particularly when the resolution involves having to pay legal fees. The lawyers at Henderson Heinrichs can help you sort out what you can and cannot deduct at tax time and make the process more manageable. Visit their website for contact information and to review their lawyer bios.