Truck Accidents in Vancouver | Tim Louis & Company Law in Vancouver

Is It Worth Getting A Personal Injury Lawyer

Have you ever been involved in an accident? It is such a hectic life-altering event. It is the moment you wish for the best, but you expect the worst. The personal injury comes in when you have been a victim of such an occurrence. How do you handle the situation? Where do you start? Who do you first consult when the position is more than you can control? Accidents might affect you a lot mentally. Your health insurance might start complications, and you are very weak t begin negotiations with them. This is precisely where the personal injury attorney comes in.

Hiring a personal injury lawyer comes along with significant advantages. You get to have great peace of mind as you have someone with the right knowledge of the law of the land. They will handle e all the required procedures that apply to all the injury claims that you get to have. With an attorney on your side, you will never go wrong.

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What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They know how much your claim is worth. Most of the people do not have an understanding of how much amount of money they can get from their application. Every request that gets you either through an accident can as well benefit you. When you are doing it on your own, you are likely to leave it to go and concentrate on your recovery. This will, however, happen once you have the persona that will stand by your side. Some claims are worth a fortune. An attorney can put a value on your pain and suffering.

Most of the attorneys will take their cases on the contingency basis. This is the best case as there are no upfront costs. You do not have any reason to fail to hire a personal injury lawyer. Through this, they will be able to address your case accordingly.

They Are Experts In The Field

The reason he is an attorney is that he understood the entire legal process. They have as well been trained and certified before being allowed to represent people in legal matters. At times you get to develop a gap in your legal knowledge. Through this insurance companies help you in the legal action. They will help you get your compensation and even take your case to court in the case the insurance doesn’t work in the right way.

It would be a very hurting situation when you know that you missed a settlement of thousands of dollars just because you did not follow a few legal procedures.

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Presents Confidence in the Insurance

Very few people are prepared to go to trial when you don’t have a well-renowned attorney. The insurance knows that you are prepared to go to trial. The case can even rule against your favor after you invested a lot of money in the case. Hiring an accident attorney makes things easier. They will help you through the case settlement. The lawyers are well trained to handle the situation, primarily through trial. Through statics, most of the cases have been battling against the different insurance companies. In such a case insurance will ensure that they get a motivating settle that will stop the case from proceeding to trial.

Vancouver Personal Injury Lawyer

Tim Louis & Company
175 E Broadway, Vancouver, BC V5T 1W2
(604) 732-7678

Aspects of your car accident claim that an experienced Personal Injury Lawyer can help with

car after accident

Aspects of your car accident claim with which an experienced Personal Injury Lawyer can help

Negligent drivers are a fact of life. Their careless actions can easily cause injuries and emotional distress to other drivers. It is essential to understand the types of claims available if you are hurt through someone else’s fault. Commonly, personal injury claimants are entitled to non-pecuniary damages, past wage loss, future loss of income earning capacity and recovery of out-of-pocket expenses.

Non-Pecuniary Damages
Past Wage Loss Claims
Future Loss of Capacity Claims
Out-of-Pocket Expenses
Future Care / Loss of Homemaking Claims
Loss of Marriage
Tax and Management Fees
Taxable Costs and Disbursements

Non-Pecuniary Damages

monetary-compensation When you are injured as a result of another driver’s negligence, you are entitled to non-pecuniary damages. Simply put, this means monetary compensation for damage caused by pain, suffering and loss of enjoyment of life.

There are limitations or “caps” on the amount of money that can be awarded for non-pecuniary damages. The Supreme Court of Canada capped the monetary award for non-pecuniary damages in 1978. The limit was set, allowing for future inflation adjustments, at $100,000 for a personal injury suit. Currently, this cap is approximately $366,000 courtesy of inflation adjustments. This non-pecuniary damages cap applies to even the most severe injuries.

All non-pecuniary damage awards are analyzed to be sure the monetary amount is equivalent to the severity of the injury. The effects of your injuries are compared to previous, similar cases to assist in determining the appropriate measure recognizing that no two cases are identical. When using precedent, it is important to remember that no single example will be identical. A skilled personal injury lawyer is best qualified to locate the best comparable cases to maximize your claim of non-pecuniary damages. However, it is possible to search yourself using the judgment database on the government’s webpage. ICBC has its own legal researchers and routinely offers claimants much less than a skilled researcher will reveal is appropriate.

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Past Wage Loss Claims

It might seem logical that if you are awarded a claim for past wage loss that the amount would be equivalent to the gross wages lost. Unfortunately, that is not the law. ICBC is only obliged to pay you the net amount of your lost income. Any no-fault wage loss benefits paid by ICBC to you will also be deducted from the amount of your past wage loss awarded. It is crucial to make certain that disability or sick day benefits received from employment insurance are not deducted from your past wage loss amount. It is not an amount that is typically deducted regardless of what ICBC tells you.

ICBC will likely attempt to minimize your award for past wages in other ways as well. It is common for ICBC to claim that you missed more work than was medically necessary or will take the position that more proof is required than the law mandates.

The law outlines that all income lost due to your injuries from the accident in question ought to be recoverable. The burden of proof lies only in proving that the injury prevented you from earning wages. The law does not mandate you report this income on your tax return for them to be compensable.

It is also important to factor in any raises or promotions you were scheduled to receive during the time you were out of work due to the accident. It is part of the law that any raises must be compensated for as part of your past wage loss claim.

In addition, your extended health provider will seek reimbursement from you for any long or short-term disability amounts you received. An experienced personal injury lawyer will help ensure this is handled smoothly and thoroughly.

Future Loss of Capacity Claims

If there is a real and substantial possibility that your injuries will lead to income loss in the future, you are entitled to compensation for future loss of income earning capacity. Recognizing that nobody can see into the future, the law provides many different ways of assessing the amount of your claim for future loss of income earning capacity.

An amount can be awarded under this head of damage even if you have returned to your pre-injury employment. An experienced personal injury lawyer will be aware of the recent state of the complicated law in this area and will be best able to assist in determining the most beneficial manner with which to assess this loss.

ICBC is notorious for minimizing such payments and even when amounts are proposed, they tend to be too conservative. If you are seeking future loss of capacity, it is in your best interest to have effective representation to succeed in this aspect of your claim.

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Out-of-Pocket Expenses

Out-of-pocket expenses you incur as a result of your injuries are referred to as special damages by ICBC. You must provide evidence such as receipts for any and all out-of-pocket expenses pertaining to your injury. This can include anything from first aid supplies purchased at the pharmacy to travel costs for a doctor visit. These receipts can be submitted to ICBC for compensation.

It is vital to keep track of all miscellaneous purchases or expenses that pertain to your injuries. Keep the original receipts as evidence. It is also important to keep an accurate record of all medical or quasi-medical appointments that pertain to your injury. Keep a record of the name of the treatment provider, type of therapy received, expenses incurred to attend, and mileage to and from the appointment. Your personal injury lawyer can help you track and submit these expenses to ICBC so that you can be fully and properly reimbursed.

In addition, your extended health provider will seek reimbursement from you for any prescriptions and other expenses that were covered under your policy and relating to the accident. An experienced personal injury lawyer will help you navigate these complicated issues.

There is no limitation on the amount that you may be awarded for out-of-pocket expenses. If you have evidence of the payment and the expense is determined to be a result of your injury, you should be compensated. Presenting these expenses in court can actually help strengthen other aspects of your claim. Evidence of attending your treating physicians assists in proving not only the severity of the injury but also your motivation for quick recovery.

It is important to follow your doctor’s advice to the letter when recovering from an injury occurring from an accident. Follow your doctor’s advice. He or she is best able to coordinate your treatment and recovery. At law, you have an obligation to take all reasonable steps to minimize the effect of your injuries and to try to get better. This is what is referred to as a duty to mitigate.

ICBC often resists paying for unnecessary treatment and it is crucial to undertake treatments and therapies recommended by a doctor. To ensure that ICBC helps pay for your rehabilitation, ensure your primary physician supports any and all therapies ahead of time. It is tougher for ICBC to deny claims for treatments prescribed by a medical doctor.

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Future Care / Loss of Homemaking Claims

ongoing-treatment-for-injuries In the case of ongoing injuries which require ongoing treatments, you are entitled to compensation for the present value of the future cost of those treatments or for the cost of assistance you require with homemaking expenses.

It is imperative that this future care is prescribed by a doctor. That doctor should outline the level and duration of future care that will be needed. The determination of the doctor, along with an occupational therapist, will dictate the costs entailed in the prescribed future care.

There are few limitations as to what can be declared future care. Housekeepers, child care, therapists, nurses, and medical equipment all qualify as a future care claim. Any assistance is included if the need for it arises as a result of the injuries received in the accident. Be sure you use an experienced personal injury lawyer to ensure that you are fully compensated.

ICBC often attempts to deduct statutory benefits you might not even have received from your damages award. An experienced personal injury lawyer will be best able to counter these arguments to safeguard, preserve and maximize your claim.

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Loss of Marriage

In cases of severe injury where your injuries impede your ability to become a legal spouse, this may entitle you to the monetary loss of the value of having a spouse.

The monetary justification for such a claim outlines the statistical economic advantage of a married household. This is a very difficult claim to prove, and successful litigation necessitates the use of an experienced personal injury lawyer.

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Tax and Management Fees

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When a lump sum is awarded, it is possible to ask for additional payments for the taxes and management fees to be incurred with a large amount of money.

The justification for the award for tax and management fees is that these fees and taxes would not be incurred if the injured party obtained these payments through regular employment. This is especially true if a claimant is awarded future loss amounts. Amounts awarded for future loss are usually treated as investment income. Investment income is subject to a different level of taxation than standard wages. This value must be calculated not only for the existing taxes due on the award but also for the future taxes that will be incurred from the investment income.

Management fees are also costs that are incurred with lump sum amounts that would not typically be incurred through a regular wage. If you are awarded future care or future wage loss amounts, that money is meant to last for several years. Those funds must be invested and managed by a professional. This is especially true if the recipient has a brain injury as a result of the accident. The courts will pay management fees under these circumstances. It is possible also to be awarded these payments if it is proven that the recipient has minimal money management knowledge, and the sum of money is substantial.

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Taxable Costs and Disbursements

Taxable costs are awarded only if a lawsuit is commenced. These are set by the Rules of Court and the amount will depend on the work undertaken and the complexity of your case.

Disbursements can be awarded even if a lawsuit has not resulted. Disbursements are expenses incurred to prove your claim, such as amounts paid for medical reports, expert reports, photocopies, and faxes. Disbursements will only be reimbursed if you are not found at fault for the accident. If you are partially responsible for a crash, you will be awarded a percentage equivalent to the portion of the accident for which you are not at fault. If you are found to be entirely at fault, you could be responsible for ICBC’s costs and disbursements.

If ICBC officially submits an offer to settle, even after the start of litigation, they may not have to pay your costs and disbursements. If you continue with litigation after the formal offer to settle and are awarded less than the settlement offer, ICBC can receive reimbursement for their costs and disbursements incurred after the offer to settle. This is also the case if you decide to take an offer further on in the litigation process. There are a lot of conditions that quickly make these claims complicated and tedious. An experienced lawyer can navigate these issues for you.

David Brooke is a personal injury lawyer who lives and works in Penticton, BC at his firm, Hillside Law. When not helping clients with their cases, David can be found in the hills above Penticton riding his mountain bike or building trails.

Your ICBC Claim: Trial Dollars Without A Trial

This article touches on just a few of the strategies I use to get my clients trial dollars outside of a trial.

If you have been hurt in a motor vehicle accident you deserve fair compensation for your pain and suffering, your lost income and your medical expenses.

For more than 30 years I’ve been representing injured clients seeking fair settlements from ICBC. I have yet to represent someone who would not willingly give up monetary compensation for their injury if they could go back in time and avoid the injury altogether. My clients do not start claims against ICBC out of greed — they just want fair compensation.

Pain is not just a four-letter word. Injuries from MVAs can negatively impact all aspects of life — work, play and social relationships, including those with family members and other loved ones. And it’s not just the limitations of the injuries themselves. Pain can rob people of pastimes, activities and even the general sense of well-being most people take for granted before an MVA.

GETTING THE TIMING RIGHT

waiting-410328_640 Starting a lawsuit against the party responsible for an accident is the beginning of what can be a lengthy journey. While most lawsuits end up settling out of court, it is very difficult — usually impossible — to get trial dollar settlements without a trial date on the horizon.

This is why I don’t do what many other lawyers apparently do — try to negotiate with the ICBC adjuster over an extended period of time and, if settlement has not been reached, only start a lawsuit just before the two-year limitation period expires. In my opinion, this is a recipe for either a poor settlement or an unnecessarily delayed one.

When I start the lawsuit on behalf of my client shortly after the accident we will get a trial date roughly two years down the road. When we are ready to negotiate a settlement, ICBC is much more motivated to offer trial dollars because of the fact that I have already sent a very clear message — we are quite serious about going to trial.

If we had not started the lawsuit right away and we ended up on the cusp of the two-year limitation period, starting one then would mean that the trial date would be roughly four years after the date of the accident — something most clients are not prepared to wait for.

A big question people often ask is, should you, as an injured party, settle your claim before you are fully recovered? This can sometimes be very tempting.

Partway into the litigation process ICBC will make an offer. Sometimes it’s not a poor offer, given the length of time that’s passed since the date of the accident. However, the answer should always be a firm and clear “no”. If you have not yet fully recovered you have no certainty as to when or even if full recovery will occur.

A court, in deciding how much your injury and pain and suffering are worth, will always take into consideration the length of time it took you to recover or the fact that you simply are not going to recover, if this is the case. Settling early before you’ve had the time to recover means that you’re almost certainly selling yourself short. It may be hard to wait but it’s almost always better to do so.

I’m fond of the saying that an ICBC file is like a bottle of fine wine. The longer it sits the better it gets.

THE POWER OF LAY WITNESSES

bonding-1985863_1920 So we have a trial date on the horizon. Any number of outcomes from the MVA can be your new reality, but the two most striking ones are polar opposites: You are either fully recovered or your doctor has advised you that you are not ever going to recover.

Whatever the outcome is, what steps do we need to take to increase the likelihood of getting you trial dollars without a trial?

By this point, I will have contacted all of your consulting doctors, obtaining medical legal reports from each of them. ICBC will almost certainly have obtained medical legal reports from their own doctors, too. So if we go to trial, there will be a number of experts in our corner of the ring and a number of experts in ICBC’s corner. The judge will have to decide whose experts are the most credible and reliable.

One of the ways I break the “expert deadlock” is by calling lay witnesses. These can be friends, neighbours, relatives and your significant other.

Lay witnesses can be very helpful. They see you in the real world; expert witnesses do not. Lay witnesses can give “before” and “after” evidence — what you were like before the accident and what you are like after. A few well-chosen lay experts can go a long way in helping you at trial.

More importantly, lay witnesses can help you get a good out-of-court settlement. Here’s how: I will prepare written statements summarizing what I understand the lay witnesses will say at trial if an out-of-court settlement is not reached, and then provide these statements to ICBC. This can have a very positive effect on negotiations.

COMPENSATION FOR FUTURE CARE

wheelchair-1595802_1920 If your injury is permanent you will incur medical expenses after the trial, often for many years. Of course, you will not have receipts for these expenses at the trial itself. These medical expenses are sometimes referred to as Future Costs of Care.

I will typically hire an occupational therapist to prepare a Future Costs of Care report. This report assists the judge in calculating the appropriate amount of money to compensate you for all of your future care costs.

A Future Costs of Care report that’s done effectively can be very helpful to your claim. Served on ICBC well in advance of the trial, this type of report will increase the amount of money ICBC is prepared to put on the table.

If you are looking for an ICBC Claims lawyer in Vancouver to work on your behalf, give me a call at 604-732-7678 today.

Earning Tips and Fired From Your Job? The Law Is On Your Side

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If you have recently been fired or terminated from your job and your boss had no valid reason for doing so, that could fall under a wrongful dismissal, where you probably already know that your employer must pay you damages. This payment is in lieu of your employer giving you reasonable notice in cases of firing without just cause. As a general rule of thumb, the amount is equivalent to the salary or wages you would have received with termination with reasonable notice — anywhere between four weeks at the low end and six weeks at the high end for each year of employment.

Employers Are Liable For Tips and Gratuities

Where this can get complicated is if you were earning tips or gratuities in addition to your salary or wage while working somewhere like a bar or restaurant. If you’re like most people in such a line of work, you probably don’t declare all or most of your tips on your income tax return. The question is, in such a situation, is your employee liable to you not only for your base wages, but also for the tips you would have earned during the notice period? And, if your employer is liable for these tips, who calculates that amount — your employer or you?

The B.C. Supreme Court considered these questions, and the judgment is great news for people who earn part of their income from tips.

Sarah Chapple, a restaurant manager, took her employer, Umberto Management Inc., to court. In January 2007, she was dismissed after having worked for the defendant for more than 13 years.

The Umberto Management Inc. Case

The trial judge ruled that Umberto Management should have given Ms. Chapple 15 months’ notice, and therefore she was entitled to 15 months’ pay. As well, the trial judge went on to award her more than $70,000 for the tips she would have earned during the notice period, despite the fact she did not claim all of her gratuities on her income tax, nor did she or the defendant keep records of her tips.

restaurant-bar-law

The defendant appealed the trial judge’s decision. Firstly, Umberto Management alleged that they did have good reason to terminate her in the first place. Therefore, no notice was required. In the alternative, they argued that not only was 15 months’ notice excessive but the award of over $70,000 for tips was excessive, too.

The B.C. Court of Appeal rejected the defendant’s appeal on all grounds.

What does all this mean? If you have been recently terminated without cause by your employer and you earned tips or gratuities, the law is now firmly on your side.

The Differences Between Litigating Personal Injury in Canada Versus the United States

There are a number of differences between countries when litigating personal injury cases in Canada versus the United States. While the two legal systems generally share the same core values and principles and basic notions of rule of law, there are some major differences between the two systems. Canadians have a reputation of being less litigious than Americans, but the differences don’t stop there.

Court system

Canada has a three-court system, which includes superior, federal and provincial. Personal injury and car accident cases are legislated under the provincial court. In the United States, the federal court plays a larger role in these types of cases. Judges in Canada are also appointed by the federal or provincial government, as opposed to being elected, as they are in the States. This can lessen the influence of politics on a judge’s taking to the bench.

During the court procedures in Canada, claims are assigned to one court, which can result in different judges hearing the motions over the course of a civil action. In opposition, civil cases in the U.S. are assigned to one judge, who will preside over all court actions. It is also rare for Canadians to employ a jury system in the courts during a civil matter.

When assessing cases and history, Canadian courts not only look to Canadian judgments but also what’s happened historically in foreign cases. The U.S., on the other hand, relies mainly on what’s happened in the U.S. when they have legal questions.

judges gavel The Province of Quebec has a court system much different from the other Canadian provinces, which applies many of the civil law traditions of France.

In Canada, the pretrial process is much more restricted than it is for their U.S. counterparts. Examinations of witnesses in the United States allow for multiple witness testimony, whereas in Canada, only one witness is able to testify on behalf of each party. As well, examinations for discovery can’t exceed seven hours in Canada, so they are time-limited. The U.S. rules for depositions (as it is called in that country) are much broader and allow for more time and examination of witnesses and evidence.

Cost & Damages

Litigating cases in Canada is less expensive than what it would cost in the U.S. and this is mainly because the rules of procedure are reduced. As well, what the winner of a legal case will get in damages can be much less than what they would get in the U.S., although losers are often made to pay for legal costs. In Canada, the losing side of a dispute will be asked to pay legal costs to the winning side, which can typically include lawyer’s fees and disbursements. If the losing party refused a reasonable offer before judgment, these costs may be even greater, although punitive damages are an infrequent occurrence in Canadian courts. General damage awards for pain and suffering are capped at CDN$300,000 in Canada. In the U.S., the losing party is often penalized with compensatory and punitive damages, in a greater amount (often astronomically greater) than what is typically seen in Canada.

Filing a personal injury claim if you are a Canadian injured in the United States

If you’ve been hurt outside of Canada, there are limitations to whether you can get your personal injury case heard in a Canadian court. The defendants need to either live or carry on business in Canada in order for the case to be under the jurisdiction of the Canadian courts. When it comes to motor vehicle accidents, if the insurance companies for both parties are located in Canada or have Canadian subsidiaries, you are able to file your case in a Canadian court.

The courts will look at other factors when determining jurisdiction, such as if the plaintiff is unable to pursue the matters outside of the country due to their extensive injuries. If they need medical attention in Canada as required because of the accident, the courts may decide to allow the case to be tried in a Canadian court.

Cross-border personal injury cases are complex and often the at-fault party in the U.S. may not have sufficient insurance to pay your claim due to lower minimum insurance requirements. Consulting a car accident lawyer is your best bet in getting your claim heard and your rights protected.

For more information about filing a claim if you have been injured through no fault of your own, contact Vancouver personal injury lawyer Tim Louis today at 604-732-7678.

Additional information for this post provided by the Law Office of Rodney K. Okano in Las Vegas, Nv.

BC Employment Law: Seek Advice From An Labour Lawyer If You Haven’t Been Paid By Your Employer

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If you have not been paid wages by your employer, you may be trying to decide whether to sue or, instead, to file a complaint with the Employment Standards Branch under the Employment Standards Act. Before you decide which route to take, you may wish to get advice from an employment or labor lawyer. This is especially important after a recent Small Claims Court decision.

The Small Claims Court recently considered the case of an employee who had not been paid wages by his employer. At Small Claims, this employee did not have a lawyer – he represented himself. I am disappointed to tell you that the employer succeeded in having the case dismissed.

The employer drew the Court’s attention to Section 82 of the Employment Standards Act. This section requires the employee to obtain the consent of the Director of Employment Standards to take the employer to Court if the dispute has already been ruled on by the Employment Standard’s Branch. In this case, the employee had already taken the dispute to the Employment Standards Branch. The employee was successful but could only get an order for six months worth of back wages because the Employment Standards Act limits claims for unpaid wages to a six-month maximum.

In this case, the employee was owed back wages beyond six months.

After his success at the Employment Standards Branch, the employee sued in Small Claims Court for the back wages not covered by the six month limit.

An Employment Judge in Vancouver, BC The employee did not get permission from the Director of the Employment Standards Branch. The Small Claims Court Judges accepted the employer’s argument that the case must therefore be dismissed.

Hindsight is 20:20. but in this case, the employee would have been better off just suing in Small Claims Court for the entire claim of unpaid wages.

If you have not been paid by your employer, you may wish to consider seeking the advice of an employment/labor lawyer before deciding what to do. Call Vancouver wrongful dismissal lawyer Tim Louis today at (604) 732-7678.

BC Employment Law: Insubordination – Is it grounds for termination?

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BC Employment Law: Insubordination – Is it grounds for termination?

You have just been asked by your boss to carry out a new procedure he thinks will be much better than the current procedure. However, your boss does not have the hands-on experience you do and you know from past experience that every time he comes up with a new procedure he thinks will be much better, it turns out more often than not, his new procedure is not practical.

If you decide not to carry out your employer’s latest new idea, and you are fired, can you successfully sue for wrongful dismissal if you can demonstrate to the Court that your employer’s new idea was not going to work?

As an employment lawyer, I am frequently asked for advice from clients in situations similar to the above. These clients want to know if they will be able to successfully sue their employer for wrongful dismissal/wrongful termination if they are fired after refusing to carry out their employer’s directions.

An Employee that has been Terminated for Insubordination Surprisingly, the law is not on the side of the employee in cases where an employer’s directive is intentionally disregarded – even if the employee had good reason to believe the directive was a poor management decision.

Our B.C. Court of Appeal recently heard an appeal of a Trial Judge’s decision. The Trial Judge had dismissed a wrongful dismissal/termination lawsuit brought on by a senior manager, against his employer, after he was fired.

The B.C. Court of Appeal, in dismissing the senior manager’s appeal, thoroughly reviewed the law and referred to many longstanding cases. In summary, the Court concluded that, unless the employer’s direction is illegal, dishonest or would risk the employee’s safety, the employee must follow the direction. To do otherwise gives the employer grounds to terminate the employee with cause. The result is that a lawsuit by the terminated employee will fail.

You might think you are making the right decision in not carrying out the employer’s instruction but unless you are being asked to do something illegal, dishonest or something that will put your safety at risk, you run the risk of losing your job and not being able to sue. If you are thinking of refusing to follow your employer’s instruction, make sure to speak with an employment or labor lawyer first.

Technology – Putting the Client First

Just over three years ago, I decided it was time we went paperless. One year of due diligence later and I decided to go forward with a product called Primafact. Primafact allows us to simply and efficiently scan and file all documents on a client matter. The transition was painless. We used the accrual approach – we did not scan all the existing paper files. Instead, with each new client file moving forward, we went paperless.

The benefits of going paperless have been enormous, not just saving us time in the office but also dramatically improving client service. For instance, when a client calls with a question, we no longer need to put the call on hold, walk to the filing cabinet, pull the file, and look for the relevant document. Instead, with the click of a button, we can find what we’re looking for with client on the phone in a matter of seconds.

Just over one year ago, I decided it was time to move the office to the cloud. This would make it possible for all office staff and myself to access everything in a client’s file no matter where we were. Just like going paperless, deciding on which company to go with took a lot of research. I’m very happy I decided to go with I-Worx. Just last month, we completed our move into the cloud. We no longer need to bring the entire file with us to Discoveries, Court Applications and Trials. It is all in our laptop or Ipad. Working from home is now a piece of cake!

The third and last item on my technology to-do list is VOIP – Voice Over Internet Protocol. I interviewed so many vendors that the process became overwhelming. Not surprising given the fact that lawyers are not trained in technology. A lawyer friend of mine recommended I hire a consultant, Vic Buehler. He found an option that had all the bells and whistles I was looking for and more – Telus’ Ringcentral. We hope have our new VOIP system installed within the next 4 weeks.

It’s hard to believe that when I got called to the Bar in 1984 we still had typewriters!

MEDICAL EXPENSES: Can Renovations Be Claimed?

In a September 13, 2013 Tax Court of Canada case, the taxpayer’s claim for amounts paid to install engineered hardwood flooring as a medical expense was denied by CRA. The engineered hardwood replaced fairly new carpet in the taxpayer’s five year old home on the advice that her husband, who suffers from progressively debilitating Parkinson’s disease and psoriatic arthritis, was at serious risk of a fall due to the carpet.

There was no dispute that the new flooring would enable the Appellant’s husband to be more mobile and functional within the dwelling. However, in order to claim a medical expense, the law also requires that the expense:

i. not typically be expected to increase the value of the dwelling; and

ii. not normally be incurred by persons who have normal physical development or who do not have a severe and prolonged mobility impairment.

CRA argued that the engineered hardwood flooring had to be excluded under both requirements.

Taxpayer wins

The Court was satisfied with the evidence that modestly priced engineered hardwood flooring, as opposed to solid hardwood flooring, would not typically increase the value of the property, especially when replacing fairly new, quality carpet in only a portion of the home. The Court further concluded that the taxpayer “only put in what was necessary” and that this expense would not normally have been incurred in the absence of the medical need. As such, the expense was allowed.

Large medical expenses are routinely reviewed by CRA. Contact us before incurring significant costs to determine if they may qualify as a medical expense.

ICBC and social media surveillance

insurance surveillance In today’s world of Twitter, Facebook and other social media, more and more cases are being influenced at trial by client postings that give ICBC an unfair advantage. Being aware of this risk, I caution my clients to be extra careful when they post to any social media.

I thought I would share with you some great tips I came across the other day from James Publishing. The real value in these tips is that they give you very specific instructions. This will help you avoid giving ICBC gifts they don’t deserve.

Here are the tips:

Keep an eye out for video operators, sitting in a vehicle or elsewhere, taking videos or photographs with a hand-held video camera or cell phone.
Avoid engaging in any activities that the defense could distort or twist in order to claim that you are misrepresenting your medical situation.
If you, or your family, use any social media sites, including Facebook, MySpace, Twitter, Instagram, LinkedIn, Caring Bridge, etc., you should immediately reset your profiles to the highest possible privacy settings. We can help in this regard if necessary.
Do not accept any friend requests from anyone you do not personally know.
Do not post anything about your case, your injuries, your personal thoughts, photographs or conversations with your attorneys on any social media site, or blog. The best practice, from this point forward, is not to post any information on social media websites.
Ethical rules concerning your lawsuit prohibit you and your attorney from removing, deleting, concealing or withholding any information you may have already posted.
If your close friends and family members post pictures or information about you, please make them aware of these guidelines and ask them to follow them.

Author: Tim Louis

What Benefits does the Lawyer Bring on Board?

Creating Value On Your Suffering

They Are Experts In The Field

Presents Confidence in the Insurance

Aspects of your car accident claim with which an experienced Personal Injury Lawyer can help

Table of Contents

Non-Pecuniary Damages

Past Wage Loss Claims

Future Loss of Capacity Claims

Out-of-Pocket Expenses

Future Care / Loss of Homemaking Claims

Loss of Marriage

Tax and Management Fees

Taxable Costs and Disbursements

GETTING THE TIMING RIGHT

THE POWER OF LAY WITNESSES

COMPENSATION FOR FUTURE CARE

Employers Are Liable For Tips and Gratuities

The Umberto Management Inc. Case

Court system

Cost & Damages

Filing a personal injury claim if you are a Canadian injured in the United States

BC Employment Law: Insubordination – Is it grounds for termination?

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