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Vancouver Criminal Law Blog
Acumen Law Corporation > Blog (Page 5)

Drunk at Work: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses whether contracted workers should have to abide by workplace zero-alcohol policies, particularly if they don't drink over the legal limit. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.     In this case, ExxonMobile was operating a construction site and had independent contractors come in. Now at this site, there was a no-alcohol policy that these contractors...

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BC Government’s ICBC changes won’t save the insurer. Here’s why.

BC Government’s plan to save ICBC from financial doom has finally been revealed. It comes in the form of a $5,500 cap to minor injury pain and suffering claims. BC Attorney General David Eby says these soft-tissue injury minor claims are to blame for much of ICBC’s expensive payouts, and is one of the major reasons why the provincial insurer seems to be bleeding money. [pullquote]To us, this seems to be a way to discourage claimants from obtaining fair compensation.[/pullquote] Currently, pain and suffering damages for even minor injuries is unrestricted, meaning a claimant could potentially receive upwards of $350,000 for pain...

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BC’s new pot laws means bad news for ‘N’ drivers

Do you know a young driver who uses marijuana? The British Columbia government has finally announced its rules and regulations for non-medical marijuana, and it’s all bad news for Novice drivers. As with alcohol, the provincial government will use a zero tolerance approach for all Novice drivers. At its surface, this seems to make sense. But it's important to remember that how long marijuana remains in the body is much different from alcohol. The presence of marijuana can remain for days and even weeks within the body, unlike the hours required for alcohol to be fully absorbed. And if a Novice driver...

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Child Custody: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses whether Canadian courts should recognize changes in technology in child custody disputes, in cases where one parent wants to move with the children. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.     The law allows parents who are separated but share custody of children to move to different jurisdictions with permission from the other parent or...

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Kyla Lee interviewed by Global News on Empty Homes Tax

The Unfair Vancouver Vacant Homes Tax Coalition describes its purpose in the name. The group is calling on the city to do something as the Feb. 2 deadline for the empty home tax declaration approaches. Rainer Borkenhagen says the group is made of members that are mostly retired and live across the country, but still own homes in Vancouver. Borkenhagen himself lives in Gibsons, but owns a condo in Vancouver. ...

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Are party hosts liable for guests who drink drive?

drink drive

You’re hosting a Super Bowl party and your friends, like us, are drinking away their sorrows when the Patriots win again. Your friends leave and later you find out one of them was in a car accident. Months later, you're being sued by someone they injured because you let them drink and drive.  [pullquote]You could be held liable for the behaviour of your guests after they leave depending on the circumstances of what happens at your party[/pullquote] When hosting a party and serving alcohol, you enter into a situation where you have a duty of care for your guests. Legally, you can...

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Paul Doroshenko interviewed by CKNW’s Mike Smyth on distracted driving

Full interview available on CKNW: CKNW: Let's talk about distracted driving in our province now. we all know BC government has been sounding the alarm on the number of crashes and deaths caused by distracted driving in our province. they're bringing in huge new penalties on people caught using their phones behind the wheel of their car. You get set for even tougher action on this. With ICBC losing so much money, this is government is on the hunt for for new revenue so i suspect you might see those distracted driving penalties go even higher. but are the statistics telling us the...

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Distracted driving enforcement is often questionable

In law, sometimes you’ll see cases where it seems almost baffling that a driver was punished for what seems like a very minor offence, or a mistaken case of a crime altogether. In our view, nowhere is this more evident than in the enforcement of BC’s legislation prohibiting the use of electronic devices while driving. The latest available traffic citation figures from ICBC suggest that up to 46,000 drivers in 2015 were penalized for allegedly using an electronic device behind the wheel. The vast majority just paid up, and many undoubtedly ended up serving lengthy driving prohibitions lasting months as a...

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Paul Doroshenko interviewed by Global BC on cellphone driving numbers

From Global BC: Are governments, ICBC and even the police exaggerating the dangers of distracted driving? A Richmond company says its Freedom of Information request has revealed far fewer deaths due to drivers using cellphones behind the wheel than officials claim. Ted Chernecki reports:     Most of us have seen those intersection crackdowns on motorists suspected of using their cellphones while driving. You’ll see one officer here a West Van corporal, now retired, who at the time asked himself what was he doing here, really? Grant Gottegetreu: We’ve been told as traffic officers and police officers, it’s cellphones, right from the brass on down they’re...

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