Week One: Introduction

  • Introduction to course topics: review grading, assignments and objectives.
  • Personal injury is a subsection of tort law requiring proof of liability, causation, and damages.
  • There are various sub-areas of law arising from personal injury claims in tort law:
  • Motor vehicle accident injuries;
  • Occupier’s liability injuries (slips and falls, and beyond);
  • Product liability;
  • Municipal liability;
  • Assault (including sexual);
  • Professional negligence/malpractice injuries;
  • Sports injuries;
  • Social or commercial host liability injuries;
  • Wrongful death claims.

 

  • Motor vehicle claims in British Columbia – Exploring both tort and Part 7 (rehabilitation) claims.

 

  • There are various tort regimes applicable to motor vehicle claims in Canada: no-fault insurance (Quebec), optional no-fault (Saskatchewan and Manitoba), thresholds, deductibles and caps applied to tort claims (Ontario, Alberta, and Maritimes), full tort rights (British Columbia, currently) and rehabilitation benefits (all provinces).

 

  • Tort Reform, Stereotypes, and Hot Coffee discussion: Exploring effective advocacy and bias in a personal injury claim – knowing the facts, the law, and the psychology of persuasion.

 

  • Readings:
  • Raman Dasanjh, “Exploring the Fault Lines of a No-Fault System”, CBA BarTalk, December 1, 2016.
  • Sandra Kovacs, “My view from ‘the Dark Side’ of Personal Injury Law,” The Lawyers’ Daily, April 24, 2017.
  • Sandra Kovacs, ICBC’s anti-fraud advertising: purely educational or jury interference?, The Lawyers’ Daily, May 25, 2017.
  • Sandra Kovacs, “A matter of life and death: Urgent call for a new wrongful death statute in BC”, The Lawyers’ Daily, August 28, 2017.

Lecture Notes

We enclose the following information for students (current and prospective) regarding the Personal Injury Law course: