Category Archive: Articles

Apr 01 2015

The Enforcer Cometh


The BC Government has once again decided to expand the scope of ICBC. In case you haven’t heard, Finance Minister Michael de Jong recently tabled Bill 13 – 2015 which, if passed, will make a number of legislative amendments. The proposed amendment that has garnered the most attention and public outcry would change the Financial …

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Mar 01 2015

These are the Jokes, Folks


Why won’t sharks attack lawyers? Professional courtesy. Did you hear about the group that hijacked a plane full of lawyers? They called down to ground control with their list of demands, threatening that if their demands weren’t met, they would release one lawyer every hour.   We’ve all heard them. Books have been published in …

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Feb 01 2015

Beyond Right and Wrong

Ford F350

A recent decision of the Supreme Court of British Columbia, Davies v. Elston, 2014 BCSC 2435, dealt with the duty of care owed by drivers to cyclists on BC roads. In this case, the elderly plaintiff and his son were riding in a bike lane when they passed the defendant’s Ford F350 which was parked …

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Jan 01 2015

A Picture is Worth … ?

Minor Collision

ICBC’s Low Velocity Impact Policy has been previously discussed in the December 8, 2012 article on the Einfeld Law Blog, which can be viewed here. The Low Velocity Impact Policy is based upon the belief that an injury cannot occur in a minor motor vehicle accident. Despite the fact this conclusion has been rejected by …

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Dec 01 2014

Once More (I)nto The Breach: The Short View

Once More Into the Void

Ride-sharing. Ever hear of it? It has become big business for tech companies such as Lyft and Uber. In case you don’t already know, these companies have created a service in which an app connects people needing rides with private drivers. Of course this isn’t free, and the fare collected by the driver is then …

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Nov 20 2014

Rooster Tails and Snowy Trails: Duties of Care and Winter Driving in BC

Rooster Tails and Snowy Trails

Picture this. It’s snowing heavily. You are driving on an unplowed highway at a responsible speed, taking into account the road and weather conditions. Out of nowhere, a truck passes recklessly at a high rate of speed, obscuring your view of the road with snow. Sound familiar? A recent judgment of the Supreme Court of …

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Sep 25 2014

If This Goes On… Building trust. Driving confidence..?

The April 17, 2014 article Business As Usual at ICBC: How to Have your Cake and Eat it Too made reference to the ICBC application to the British Columbia Utilities Commission (“BCUC”) for a 4.9% basic insurance rate increase in August of 2013. At that time, ICBC justified the need for a rate increase by …

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Sep 09 2014

Harm Reduction: Ends and Means and Shades of Grey

Although it is not a new concept by any means, the term “Harm Reduction” has come into vogue recently, particularly in reference to music festivals. Harm Reduction seeks to keep people safe when engaging in risky or illegal behaviour, usually relating to substance abuse. There have been a number of safety-related incidents occurring at music …

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Jul 29 2014

Planes Trains and Automobiles: Statistics and You

The media has focused a lot of attention on the number of recent international plane crashes. CTV News for example, has published an article titled “2014 plane crash fatalities already double those of 2013”. Additional reports state that people are nervous in the wake of these tragedies and may be reconsidering their travel plans involving …

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Jul 25 2014

Slower Traffic Keep Right: Highway Safety and Left Lane Bandits

Fast And Slow Lanes

There is a growing consensus that the BC Government’s pre-occupation with speed limits on our highways is more political than empirical; that is, the focus appears to be more on revenue maximization than safety per se. As already written in the January 9, 2014 article, “Roadside Justice or Injustice”, when speed limits are arbitrary, they …

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