In 2013, the new Family Law Act, S.B.C. 2011, c. 25 came into force. This Act sought to take away the sting of words like “custody” and “access” and instead be child-focused. The act re-framed matters so that we do not talk about a parent’s “right” to their child anymore. We now speak of a parent’s “obligations and responsibilities” towards their child and their child’s best interests. In the generic case where two parents have a child or children together and later separate, the Family Law Act says that each parent is automatically a guardian of the child or children. …
If you have been injured while working, either because of a coworker’s actions or your own, you are entitled to receive benefits from WorkSafeBC. To ensure you receive all healthcare, wage loss, pension and vocational retraining benefits, it is important you do the following: Immediately report your injury to your employer’s First-Aid person. If there is no First-Aid person, report to your immediate supervisor. Write down what happened, where, when, how and who saw it (the witnesses) along with witness contact information. Immediately see your doctor, go to a walk-in clinic or the hospital and report that you were…
July 14, 2017
Insurer-Defended Tort Claims: Know Your Rights and Obligations as an Insured Defendant
Harris & Brun
A contract of insurance that protects a client from personal liability provides two important benefits. First, the insurance company will indemnify (cover) the client for damages that the client’s negligence may have caused to a third party. Second, and equally important, the insurance company has a duty to defend the client against the claim brought by the third party (or plaintiff). The following summary highlights important aspects of the insurer’s duty to defend. This is general information that we hope will assist insurance consumers understand what happens when they are sued for a type of claim or injury that is…
When we talk about divorce and divorce lawyers, we usually think of hostile attitudes and battle-royales in the courtroom. However, I’ve had many clients come to me where the relationship breakdown is amicable and, to their credit, they have reached agreement. Many people might question why they should go to a lawyer if they agree on everything already. Other people question the expense of a lawyer to draft a separation agreement. Instead they may turn to a self-help book to draft the agreement themselves or not bother to write down anything at all. For some people, they will be right…
On January 27, 2017, Mr. Justice Funt of the Supreme Court of British Columbia overturned a master’s decision, which had incorrectly held that the court has no power to order a Plaintiff to sign a reasonable consent to treatment form. I acted as counsel representing the Defendants. His Lordship ruled that the courts of British Columbia most certainly CAN make such an order to give effect to the Supreme Court Civil Rules, including the right of a Defendant in a personal injury action to compel the Plaintiff to attend a medical assessment with the expert of his or her choice…
As one of the two founding partners of Harris & Brun Law Corporation in 1984, I am delighted to assist in the launch of the latest version of our firm’s website with authoring the first blog. On our redesigned website, one of the first things you will notice is an image of medieval goldsmiths hard at work. This image is taken from the mural on the east side of The Randall Building, the heritage building initially completed in 1929, which our firm calls home. This mural, completed in 1993, is based on a copper engraving from 1698 by Christopher Weigel…
On June 30, 2014, Peter Collins, a senior associate with Harris & Brun, successfully acted for the plaintiff in Bouvier v. Behrend, 2014 BCSC 1208. The plaintiff was awarded over $350,000.00 at trial. At the time of the accident, the plaintiff was a 57 year old bus driver with BC Transit. Due to the accident, the plaintiff suffered a left lateral epicondylitis, from a tear in the tendon of the epicondyle, and a mild cubital tunnel syndrome, from compression of the ulnar nerve. As a result of his injuries, plaintiff was partially disabled and the court found that there was…
An article in the Vancouver Sun earlier this year reported that there are an estimated 100,000 Vancouver residents that do not have a family doctor. As I tell my clients, seeing a family doctor regularly is key in assisting them on the road to recovery, following a car accident. Seeing your family doctor regularly will ensure you get consistent care in the critical months following your injury. Referrals from your family doctors are essential for you to get necessary treatment from physiotherapists, massage therapists and other medical specialists paid for under Part 7 benefits. Having a family doctor also simplifies your…
At the annual meeting held in Vancouver from August 12-14, 2012 our own Robert Brun was appointed President of the national organization of the Canadian Bar Association. The Canadian Bar Association is the largest Canadian legal organization working for the benefit of lawyers (and their clients) and has 37,000 members, including lawyers, law teachers, and law students, across the country. The CBA is dedicated to support for the rule of law, the improvement of the law, and the administration of justice throughout the country. Robert tells us that the independence of the bar, access to justice and leadership in the…
On November 30, 2011, the Vancouver Police Department announced that 25 people face a total of 61 charges for allegedly taking part in the June 2011 Vancouver Stanley Cup riot. Crown Counsel approved the charges against the suspected rioters who came from all areas of the lower mainland of British Columbia and Seattle. Vancouver Police told local media that charges were recommended after new technology created a searchable database of 30,000 YouTube videos and Facebook images. This database enabled police to find matching evidence of suspects and crimes. In October of 2011, a similar situation occurred in England, where a…