Tim Louis - Bloggin' It

Beware those quick emails - you can be sued!

2009-09-23T14:38:00.000-07:00

How many times have we all pressed the send button and then wished we hadn't!

The reasons for wishing you could grab back an email are likely to be personal. For example, you suddenly realize you might have hurt someone's feelings, or that you gave out information that might not have been yours to give out. There is another very practical reason why you should think twice before you press send - the increasing risk of being sued if your email is forwarded to a large number of people.

Two years ago, a dispute arose on Salt Spring Island. A 'bubble' was proposed to go over one or two outdoor tennis courts. A public forum was proposed. Someone strongly opposed to the public forum wrote an email to six friends. In the email, he criticized another individual who was organizing the public forum. He made a number of personal remarks about this individual - for example, he stated that the forum was being organized as a platform for the other individual to express his 'personal rantings', that the individual did not represent anyone but himself, and that he had no credibility but his own 'overactive verbiage'. The email ended with a quote from Shakespeare calling the person an idiot, full of sound and fury. One of the people who received the email forwarded it to all of the members of the Salt Spring Island Tennis Association - which at that time numbered over one hundred.

The individual referred to in the email, sued. The lawsuit was not successful - but only because the judge ruled that although the email had been rude, insulting and unfair, mere insult or abuse is not defamation. Had the judge found that the email damaged the reputation of the individual who sued, the lawsuit would have been successful - even more so, given the large number of people it had been forwarded to. Moral of the story: it's not just what you say in an email but also how many people that email gets sent to.

Motor vehicle accidents and medical examinations!

2009-09-16T15:06:00.000-07:00

If you are involved in a motor vehicle accident lawsuit and are suing for your injuries, you may or may not be surprised to know that ICBC is entitled to request you to be examined by a medical doctor of their choice. This is to assist them in their attempt to minimize your claim for injuries.

ICBC typically selects from a small group of doctors. Every one of these doctors claims to be “independent” of ICBC and to exercise their best medical judgment. However, lawyers who act for injured parties believe that these doctors tend to be selected by ICBC because the attitudes and values which the doctors hold make it more likely that they will view your injuries to be less serious than the average doctor would.

In many cases, the doctor selected by ICBC for “independent” medical examinations derives a major portion of their income by preparing these reports. With rare exceptions, these doctors are not considered leaders in their field - though in most cases they are considered very knowledgeable. You can decide for yourself why ICBC would insist on using a small group of doctors to perform most of their “independent” medical examinations when these doctors are not considered to be the top experts in their field.

So, here are my nine top tips to prepare you for your ICBC "independent" medical examination:
1. Review your medical records. Your lawyer will have received a copy of these from your doctor.

2. Make an appointment with your own physician for a week before the independent medical examination to have your physician explain your medical condition to you as fully as possible.

3. Be prepared to give your complete medical history in a concise way. The independent medical examination doctor will likely spend the greatest amount of time in the examination taking this history and will usually only take a few moments to examine you.

4. This doctor will expect you to act like a patient. Be candid, honest, thorough and co-operative. Any hesitations on your part will probably to interpreted as a lack of honesty.

5. If the doctor asks you to do something which you feel you are not capable of doing, attempt to do it and stop only when the activity causes you discomfort or pain. Tell the doctor when it causes you this discomfort or pain. If you simply refuse to do something that the doctor asks you to do, the report will likely say that you were uncooperative and that the doctor found no “objective” indications of injury.

6. Always state during the examination that you don’t really care about the money, you would rather have your health back and get better.

7. Always ask the doctor what you can do in order to get better more completely or quickly. It is not the role of a Defence medical examiner to provide this advice to patients, but most will offer some suggestions. Most will form a good impression of you from your request.

8. When you leave the appointment, find a restaurant or nearby location to sit down. Write out all questions and answers that you can recall from the examination. The doctor will be doing the same thing with his dictaphone at that time. It is not uncommon for the doctor’s medical report to quote the patient inaccurately. You will only be able to correct the errors if you have notes made at the time or shortly after your examination.

9. Book an appointment with your physician for a complete examination as soon after the Defence medical examination as you can. When you see your physician describe the examination conducted by the “independant” medical examiner so that your own doctor, who will likely be called as a witness on your behalf, may comment on and conduct the same examinations. This will give a very useful comparison between the reports of the “independent” medical examiner and your doctor - who can be expected to know you much better.

Next week, I'll talk about the process of Discoveries.

FACEBOOK and ICBC!

2009-09-11T14:41:00.000-07:00

Most people would be surprised to learn that pictures posted on Facebook can be very damaging evidence in a lawsuit.

A recent client of mine, a young woman, had been involved in a very serious motor vehicle accident. ICBC had admitted liability for the accident so we didn't need to prove who was at fault. The only issue left on the table was the worth of her injuries. In addition to her physical injuries, during the months following the accident this young woman had changed from being a very outgoing, socially active person to being very socially withdrawn. She no longer gained pleasure from being with her circle of friends. Both of her parents described her as 'a changed person'. Expert reports by psychiatrists and other professionals confirmed a personality change. As is normally the case, these expert reports were based in part on self-reports and reports by others who knew my client well.

Prior to going to trial, ICBC agreed to try mediation to settle the case out of court. [BTW, mediation is being used by injured parties more and more these days to avoid the cost and risk of going to trial.] At the mediation ICBC disclosed pictures my client had posted on her Facebook site showing her at parties with friends, engaged in activities typical of individuals her age. These pictures showed her to be anything but withdrawn! The pictures told a strong and different story from the words in the written reports. They were very damaging to her case.

You might be thinking that my client could have avoided this problem by using her security settings on her Facebook site to limit access to trusted individuals. Unfortunately, ICBC has been successful lately in getting a court order requiring the injured party to give ICBC access to the injured party's entire Facebook site.

Moral of the story? If you are involved in a lawsuit because you were injured, and you are now seeking compensation for those injuries - physical or otherwise, be very careful what you post on your Facebook site. You may think you're safe by using security settings, but this is not the case.

Sound legal advice is worth it!

2009-08-26T15:01:00.000-07:00

One of the changes I've noticed in my law practice over the years is the increase in the number of people suffering stress-related injuries from motor vehicle accidents. No longer is it a question of just the pure physical injuries such as broken bones, whiplash etc. that brings them to my office.

There was a time when the Courts were not sympathetic to these types of claims in motor vehicle accidents except in the most horrific of cases. Post Traumatic Stress Disorder [PTSD] was accepted as an outcome for soldiers returning from the battlefield but not associated with motor vehicle accidents. This is no longer the case. There is a growing recognition in the Courts that this very disabling condition can just as easily result from motor vehicle accidents. I have many recent cases where psychiatrists have been called upon to give expert evidence at trial on this very possibility.

Because it is an invisible disability, initially it may be missed by your family doctor and your lawyer. I recently had a case where the client's physical injuries were quite minor and my client was prepared to accept ICBC's offer based on these physical injuries alone. Given my sensitivity to the potential for PTSD in motor vehicle accidents, I have become alert to cues that signal the possible existance of this condition. In this case, I referred my client to a psychiatrist who diagnosed PTSD. This diagnosis opened the door to a claim for future loss of income as there are much longerterm effects of PTSD which can affect a person's ability to work.

My client's claim without the diagnosis of PTSD was worth approximately $30,000.00. With the recognition of the impacts of PTSD, his claim was worth approximately $300,000.00.

Invisibile disabilities are easily overlooked. This is just one more reason why you should never accept ICBC's offer without very careful consideration and sound legal advice.

It's risky to take a 'do-it-yourself' approach to Wills

2009-08-21T15:23:00.000-07:00

Just this week I received a letter from a client of mine. She was heading off on vacation and wanted to make certain that the things of value and sentiment to her [her estate] would be left to the individuals to whom she wanted them to go - should she die during her vacation. Her letter was addressed "To whom it may concern", clearly stated what she wanted to have happen, and was signed by her. She may have thought her letter was a Will but it certainly wasn't. You can imagine my distress when I was couldn't reach her to let her know this. Since it wasn't a Will, her letter would have absolutely no effect: The mere giving of instructions to a lawyer will not have any effect on your estate. Even though my client signed her letter, and she clearly stated what she wanted to have happen, what is important is that her signature had not been witnessed - by not just one but two individuals.

Now, witnessing is not that straightforward either. Many years ago an elderly woman took her handwritten instructions to her bank and asked if two tellers could witness her signature. One teller witnessed her signature and then went into the back room and asked a second teller to go out front to be the second witness. The second person then signed as a witness and the elderly woman left the bank believing that she had put her affairs in order. Many years later she died and the court decided that the Will had not been adequately witnessed as both witnesses were not present at the same time - as required by law. They must be present at the same time so that they can witness each other's signature - not just that of the person making the Will.

One final example of another wrinkle: If either of your two witnesses is married to any of the beneficiaries in your Will, that beneficiary will lose his/her inheritance.

The above illustrates just a few of the pitfalls of doing your own Will.

A typical, uncomplicated Will should cost approximately $300. This is well worth the expense to ensure that your estate goes where you want it to go.

Repression in Honduras

2009-07-17T15:34:00.000-07:00

My good friend Wilson Munoz sent me these pictures of what's been going on in Honduras. Wilson is a strong supporter of progressive causes in the Latin American community.

Slip and Falls - not quite as simple as you might think

2009-04-02T15:13:00.000-07:00

If you should slip and fall and become injured, you might assume that so long as you could prove you did fall, and you did suffer some physical injury, you would automatically be entitled to compensation from the owner or renter of the property where you fell. In fact this is not always the case. In order to succeed in a lawsuit against the owner or renter of the property, you must show fault of some sort on their part.

Let me give an example: Every year, many people slip and fall in supermarkets, such as Safeway, IGA etc. People drop produce and other items on the floor and later someone else slips on that item or on the resulting slippery floor. In such a case, the court will hold the supermarket blameless if the store had a policy requiring sweeping of the floor frequently enough and if the store was following that policy. Typically, the store keeps a log to record all sweeps. The same would apply to any spills or water on the floor. Such logs are ample evidence in Court to prove the store was following their policy. In the absence of such a log, your lawyer may decide to hire someone, perhaps a university student, to go to the store as a 'shopper' and to watch and record the frequency of the sweeping. This evidence can be used to counter the store's statement, where they have no log of their own, that 'we meticulously follow our sweeping policy'.

My first example above described a situation in which the slip and fall was the result of something on the floor which caused you to fall. Here is a slightly different situation: the stairway. If you are using someone else's stairway and you slip and fall, once again, you must prove some fault on the part of the tenant or landlord. In this type of case, your lawyer will typically hire an engineer to inspect the stairway. The engineer will confirm whether or not the stairway was built according to code - Was the run/rise ratio according to code? Were hand rails required? Did it require lighting? etc.

Even if the owner or renter are at fault for some reason, you may not have a complete victory. The owner or renter, usually represented by a lawyer paid for by their insurance company, will attempt to shift part of the blame, or liability, onto you. What type of shoes were you wearing? Had you been drinking? Did you willingly choose to walk down the stairway knowing that it was so dark as to be unsafe?

Now that you can see that a 'simple slip and fall' is not necessarily a 'simple slip and fall', it is important that you see a lawyer before making a claim or being interviewed by the owner or renter's lawyer or insurance adjuster.

ICBC claims - What is Loss of a Capital Asset?

2009-03-20T12:36:00.000-07:00

If you have been involved in a motor vehicle accident where you were not at fault, you likely know that you are entitled to be compensated for your pain and suffering and for any out-of-pocket expenses, such as medication costs, costs for treatments from physiotherapists, etc.

What you are also likely clear about is that you can claim the money you will lose if you are unable to go back to your job. What you may not be aware of is that even if you are able to go back to your job, you can still make a claim for compensation if you have been left less capable of some types of work.

The Courts have developed a four-part test to determine whether or not you are entitled to financial compensation in those cases where you have returned to your previous job. This type of claim is sometimes referred to as 'Loss of a Capital Asset'. The four parts of the test are:
1. Are you less capable? 2. Are you less marketable, or less attractive as an employee? 3. Have you lost the ability to take advantage of all job opportunities which might otherwise have been open to you? 4. Are you less valuable to yourself as a person capable of earning income in a competitive labour market?

Let me give you an example:
I was recently retained by a fellow who was walking across the street with the walk sign and was hit by a car making a left-hand turn. The car was clearly in the wrong. My client's knee was badly broken but one of Vancouver's best surgeons was on call that night and did such a good job of repairing the knee that six months of rehab later, he was able to return to his previous job. It was a unionized position, which meant he had good job security and the company he worked for was very large, so unlikely to go out of business any time soon. On the face of it, my client had only a claim for pain and suffering and for out-of-pocket expenses. In looking at the four part test, we determined that: 1. he was less capable - he had been unable to regain full range of motion in his knee; 2. he was less marketable - some employers would be less likely to hire him with this permanent restriction; 3. he would be unable to take advantage of some job opportunities in the future - e.g. he would be unable to apply for jobs that were physically demanding; 4. with all of the proceeding, it was clear that he would feel less valuable and less confident in the competitive labor market. We argued that in addition to compensation for pain and suffering and out-of-pocket expenses, he was entitled to compensation for Loss of a Capital of Asset. At mediation, we were successful in obtaining $200,000 for just this part of his claim.

So, remember - even if you are able to return to your pre-accident job, you may be entitled to compensation for Loss of a Capital Asset.

Longterm Disability Lawsuits and the need for Lay Witnesses

2009-03-11T14:14:00.000-07:00

In my last blog on disability insurance companies, I took them to task for their delaying tactics. Now, I want to talk about what to do once your lawsuit is underway and the insurance company has hired an expert who says you are not disabled.

Insurance companies have deep pockets. They have a list of doctors they regularly go to for expert reports - where they know in advance the expert's report will support the insurance company's position that you are not disabled and are employable. Hopefully, you also have a number of expert reports from doctors that support your disability.

With the insurance company's experts in one corner of the ring and your experts in another corner of the ring, we have what might be described as a "Battle of the Experts". In such a case, it may be very difficult for the court to decide whether or not you are in fact disabled and unable to work.

In my practice, I have found it very effective to break this logjam by preparing and relying upon a number of lay witnesses. For example, many years ago, I had a client who was suffering from Chronic Fatigue Syndrome. As is so often the case with this condition, my client had good days and bad days. A good day was like a "gift from heaven" - he would be as active as possible. This helped break the monotony of his many bad days - where he would typically be in bed all day. On one of his good days, he was out for a drive in his vehicle. His vehicle was an older rundown vehicle because the insurance company had terminated his disability benefits quite some time ago and, as such, my client was of very limited financial means. On his way up a hill his vehicle stalled. My client got out of the car and pushed it up the hill! Little did my client know that he was under video surveillance by the insurance company!! Now, many people might have thought that this would be the end of his lawsuit. How could my client claim to be so disabled by his chronic fatigue syndrome that he was unable to work, if in fact, he was physically capable of pushing his car up a hill? I have to admit that even I had some concerns about the strength of his case. As is so often the case, a lay witness - not an expert, proved to be key.

I set about developing a list of potential lay witnesses. I asked my client to give me the names and contact particulars for any friends, neighbors, relatives and others that he thought might be of benefit to his case. I carefully interviewed all of these witnesses, witness by witness, until I came upon the landlord. He was a very credible individual - a retired RCMP officer. I was so impressed with what he had to say about my client - he confirmed from eyewitness evidence that my client did spend days on end bedridden and that on many occasions he, the landlord, had to provide assistance such as meal preparation and running of errands. Clearly, my client was not capable of employment. I thoroughly prepared this witness and then contacted the insurance company's lawyer to arrange for mediation. I suspect that the insurance company only agreed so quickly thinking that we were ready to 'throw in the towel', given the video surveillance.

I brought the lay witness, the landlord, to the mediation and kept him in the waiting room. After each side had done their best to convince the other of the strength of their case, I let everyone know that if we did not settle that day, I had a retired RCMP officer, my client's landlord, as a lay witness who I would be bringing to trial. I then did something rather unusual -- I invited the insurance company's lawyer to interview the landlord 'then and there' in my presence. They took me up on my offer. They were so impressed by the evidence of this witness that the file did settle that day for a third of a million dollars!

The point is: while you should never ignore or underestimate the need for experts, it's also very important to invest the time necessary to develop your lay witnesses. This will almost certainly give you an unbeatable advantage over the insurance company! You have much better access to lay witnesses.

Your right to go to court is about to disappear

2009-03-04T15:00:00.000-08:00

One of my most memorable conversations, from when I was an articling student working for the late Harry Rankin, involved a client concerned about the cost of litigation. She wasn't concerned about Harry's fee -- he was always more than fair and would work on a contingency fee basis whenever the client requested -- it was the potential Court costs - such as Court filing fees, trial hearing day fees, and jury fees, that worried her. Her comment was "This is not the way a justice system should be run". Harry's response was quick and to the point "We have a legal system not a justice system."

As expensive as the court system was then, it has become even worse over the last number of years. Just recently, in a well-publicized case, victims of the B.C. Queen of the North Ferry sinking had to abandon their lawsuit on the eve of the trial because they could not afford the exorbitant jury fees. Their lawyer, to his credit, held a press conference to publicize this fact.

All of the above is not just to complain about the current state of affairs, that is, that it is costly to go to court. I am writing this article because --believe it or not -- Gordon Campbell and the provincial Liberal government are about to make it far far worse.

A full new set of Court Rules are currently under consideration and appear to be on the verge of being approved by the provincial government without even bringing the matter before the Legislature for a vote. These new rules will significantly increase the costs of going to court.

Even more disturbing is a proposal to prevent any case from going to court where you do not have the proof in advance. Let me explain:

While in many cases you have the evidence you need -proof such as a broken arm as a result of an assault or a damaged fender as a result of a motor vehicle accident, there are many cases where you do not have the evidence to prove your case when you start your lawsuit. A perfect example would be the case referred to above -- the sinking of the B.C. ferry Queen of the North. The fact that the ferry had sunk was without dispute but why it sank was open to question. For example, was there negligence on the part of BC Ferries either in the navigation of the ferry or in proper mechanical maintenance? The question of why certainly could not be established prior to the lawsuit being commenced. What you had was deceased and injured passengers and a 'sunk boat'. What you didn't have was proof that explained the sinking. In our present system, you can start your lawsuit -even though you don't have the proof. After you start the lawsuit, you have the right to examine the defendant under oath to get to the truth/proof. In this case, the defendant would be BC Ferries employees. The new rules no longer will allow you to do this. You will be stopped from even starting a lawsuit unless you have the proof first.

For more information about the proposed new rules, I highly recommend you visit protectingjusticeforbc.org

Worker Rights to Severance Pay

2009-02-25T14:56:00.000-08:00

With our economy in free fall, unfortunately many people will see their jobs disappear. The number of unemployed is increasing at one of the fastest rates on record. At times like this, workers need to have a clear understanding of their right to severance pay.

Many people are under the misunderstanding that an employer is allowed to lay off employees - without any compensation for the lay-off, for economic reasons if times are tough. This is not the case. If the employer can justify the termination - that is, can point to some action on your part such as poor work performance, you are not entitled to severance pay. This situation is referred to as 'termination with cause'. Where the employer cannot point to some action on your part that would justify termination, this is called 'termination without cause'. The fact that a business has fallen on hard times and can no longer "afford" all of its employees, does not let the employer off the hook. The employer can lay you off but must provide adequate severance pay.

The longer you have worked for your employer, the greater the amount of severance pay you are entitled to. Many workers are under the mistaken impression that the amount of severance pay described in the Employment Standards Act [ESA] is all that they are entitled to. You should know that the ESA only sets out the minimum amount, the 'floor', of severance pay to which you are entitled. What many workers are not aware of is that a dismissed employee, terminated without cause, is generally entitled to severance pay in excess of what is spelled out in the Employment Standards Act. Above this minimum is something referred to as Common Law -- the body of cases that have previously come before the courts which act as a precedent. A court will look at these previous decisions to determine how much severance pay you are entitled to. As a very rough rule of thumb, you are entitled to between four weeks and six weeks severance pay for every year you have worked for your employer. For example if you have worked for a company for 10 years, you should be entitled to something between 40 weeks and 60 weeks of severance pay. This would be significantly more than what the Employment Standards Act would require your employer to pay you.

If you decide that you have not been offered adequate severance pay, and you take your employer to court, and the court decides that you were terminated without cause, you should know that the employer is able to deduct any income that you earned or received during the notice period from the severance pay you are entitled to. Let's go back to the example above. Suppose the court awarded you severance pay of 50 weeks. You would be entitled to an amount of money equivalent to 50 weeks worth of pay, with a reduction of an amount equal to all income you earned or received during the first 50 weeks after you were terminated. This would include any employment insurance benefits. One other fact to keep in mind is that any monies paid by your employer to you, either as a result of the court judgment or as a result of an out-of-court settlement, are taxable. You will have to pay income taxes on these monies.

I hope you have found this helpful. As always I welcome any questions or topics you'd like to see me blog about.

Accidents, Trusts and Diability Benefits

2009-02-11T15:33:00.000-08:00

For most people involved in a motor vehicle accident, once their lawsuit has come to an end, either by winning in court or by reaching a settlement out-of-court, that would be the end of the matter. For people involved in a motor vehicle accident who are also receiving disability benefits from the provincial government, there is yet one more step to consider.

Individuals in receipt of disability benefits from the provincial government cannot have more than $3000 in their bank account. If they exceed this amout, their benefits are terminated. So, if the individual gets a settlement over this amount, they are at risk of losing their benefits. Until a few years ago this meant that individuals in receipt of disability benefits achieved a somewhat "hollow victory" at the end of a long litigation process. On the one hand they would receive money from ICBC; on the other hand their monthly benefits would be terminated. The good news is that it is now possible for individuals in this situation to establish a Disability Trust. So long as the trust is created properly, the individual can put all of the settlement monies into the trust and still retain their disability benefits. Although the trust will limit, to some degree, what the monies can be used for, it allows a person to keep receiving their benefits.

Another option, just recently available, is a Registered Disability Savings Plan. Money placed in an RDSP is also not considered to be an asset by the provincial government. Therefore, the individual will remain eligible for disability benefits. The extra benefit of an RDSP is that any interest earned is tax-free. A further benefit is that the federal government will match contributions to the RDSP each year. The first $500 is matched three to one for a total of $2000. The next $1000 is matched two to one to a maximum of $3000.

Fighting Insurance Companies!

2009-02-04T15:24:00.000-08:00

For those of you who saw Michael Moore's movie, Sicko, it will come as no surprise to be told that insurance companies deliberately turn down valid claims. By doing so, they reduce the amount of money they pay out which increases their profit. They know that a significant percentage of claimants who have been turned down will not start a legal action to claim their benefits.

One method many insurance companies use is to hold off on an outright denial at first. Instead, they simply request additional information. The claimant [you] gathers all the information requested, sends it to the insurance company, and waits for an answer. Eventually, the insurance company provides a response which is still not a 'yes' or 'no'. Instead, you, the claimant, receives yet a request for further information. This process continues for many months if not years. In the meantime, the claimant is at risk of passing the limitation period. [The limitation peiod is the period of time within which a lawsuit must be started. After this time, no lawsuit can be started. For most insurance claims, the limitation period is one year.]When the outright denial finally comes, the claimant either gives up or decides to sue and hires a lawyer. From the time a lawyer is hired, it is not uncommon for two years to go by before the trial date arrives. Had the claimant hired a lawyer when the insurance company made their first request for information, and not been fooled into taking part in the insurance company's information-seeking charade, the two year wait for a trial date would have begun right away.

If your insurance company does not approve your benefits at the time you apply, you should seriously consider hiring a lawyer immediately.

ICBC doctors should always be interviewed

2009-01-21T15:19:00.000-08:00

Although it is not necessarily standard practice with all lawyers, I always consider interviewing the doctor ICBC hires to assess your injuries.

Once your law suit is well underway it is standard procedure for your lawyer to ask your family doctor and possibly a number of other specialists to prepare medical-legal reports. These reports help strengthen your case and indicate to ICBC what those doctors will say in court if the matter goes to trial. In order to counter these reports ICBC will typically have you assessed by one of their own doctors. On most occasions we can predict in advance what these doctors will say. However it always benefits to to have your lawyer interview them.

A case in point:

Not long ago I was representing a client who had been struck by a car while walking through a controlled intersection with the green light. The driver was clearly in the wrong. ICBC admitted liability, and the only issue on the table was the worth of my client's total claim. His leg had been badly broken and he was unable to work for a number of months. ICBC and I generally agreed on the worth of the injury itself and on the money my client had lost while he was unable to work during his recovery period. I wasn't satisfied, however, as I also wanted to get my client significant money for his future loss of income. A future loss of income claim would only be available to my client if we could show that he would be unable to work in the future as a direct result of the injury.

The ICBC doctor's report clearly indicated that there would be no future loss of income. The doctor went on to indicate that my client had a pre-existing condition which, in and of itself, would almost certainly result in my client ceasing to be able to work by the time he was in his mid-50s. With the ICBC lawyer's permission, I interviewed their doctor in the presence of the ICBC lawyer. At the end of a fairly short interview, it was remarkably easy for me to obtain an admission from the doctor: although the pre-existing condition would have resulted in an inability to work by the time my client was in his mid-50s, the motor vehicle accident would accelerate this inability by at least five years. Given the fact that my client was earning in excess of $40,000 per year, I suddenly had the ability to increase my clients settlement by $200,000!

The moral of the story: Even if ICBC's doctor writes a report which appears weaken your case, it's always a good idea to have your lawyer interview that doctor.

Tim Louis' campaign website is launched!

2008-09-13T14:18:00.000-07:00

(Tania here)..

The Tim Louis campaign website has been launched. Check it out and support Tim!

You can check out Tim's youtube vids and become his Facebook friend too.. (Yes, you heard right: Tim's on Facebook)

Go to a Long Term Disability Seminar - May 21, 2008

2008-04-26T12:20:00.000-07:00

What does it take to make a successful claim for Long Term Disability? Learn about and avoid common pitfalls in making an application for Long Term Disability benefits. This one hour presentation will provide a step by step overview of what is required in order for you to make a successful LTD benefits claim.

Tim's doing another free seminar - this time on LTD claims at Langara College.

Time: 7pm
Date: Wednesday, May 21, 2008
Place: Langara College, Room # to be announced

To register by phone: 604-323-5322
no cost (60574)

Wills & Estates Seminar - April 10, 2008

2008-03-07T11:23:00.000-08:00

Interested in learning more on Wills and Estates? Come for the free Wills & Estates seminar next month!

Topic: Wills & Estates
Date: Thursday, April 10th 2008
Time: 7:00 p.m. to 8:30 p.m.
Location: Renfrew Park Community Centre
2929 East 22nd Avenue,
Vancouver, BC
Phone # to
Register: 604.257.8388

Future Loss of Income

2008-01-21T13:45:00.000-08:00

If you have been involved in a motor vehicle accident and suffered injuries that do not resolve as of the date of trial you may be entitled to future loss of income even if you have continued to work at the same job you had at the date of the accident.

If your injuries leave you less marketable as an employee then there is a strong argument to be made that you may suffer an income loss in the future. You do not need to prove the likelihood of a loss of income in the future on a balance of probabilities. So long as there is a strong possibility that you may suffer such losses then the court may award you significant compensation. Sometimes this compensation is referred to as Loss of a Capital Asset.

Even relatively minor injuries such as soft tissue injuries may entitle you to make such a claim. You would be well advised not to settle with ICBC without obtaining advice in this regard in advance from a lawyer familiar with this area of law.

An article on natural remedies for chronic fatique

2007-12-28T15:52:00.000-08:00

A snippet from a fybromyalgia article by Travis Lupick in the Georgia Straight:

The Myalgic Encephalomyelitis and Fibromyalgia Societies of B.C. describes the disease as a "debilitating condition characterized by disabling fatigue, myalgia (pain), and neurocognitive disturbances". The organization's Web site ( www.mefm.bc.ca/ ) estimates that the disease affects between 8,000 and 17,000 people in B.C.

CFS is recognized by the World Health Organization as a neurological disorder; however, insurance companies and some doctors still question its diagnosis. Tim Louis, a Vancouver-based disability lawyer, said that he handles disabilities claims for CFS on a weekly basis. He said that although the symptoms of the condition are not always clear to outside observers, those who suffer from it are severely debilitated.

For years, the mainstream medical community did not take chronic fatigue seriously, Fleck said, which is why it is still referred to in some circles, mockingly, as yuppie flu. Fleck recalled that when her symptoms were so crippling that she had to be hospitalized, doctors would accuse her of making the whole thing up.

"The medical community had no answer for me," Fleck said. "It wasn't until I moved to Calgary that I found a naturopath that helped." Fleck was put on a cleansing diet free of flour, yeast, white sugar, and "anything like that", and given a regiment of vitamins and nutrients aimed at bolstering her immune system.

Now that we're actually online..

2007-12-24T09:14:00.000-08:00

(Tania here) Now that we're actually online, we can do a blog post for real. It's always interesting to see where Tim is mentioned and here's a bio for him on the Disability Foundation website.

And have you ever wondered when is the right time to go to a lawyer or handle a claim yourself in small claims court? Well, here's a link to the Vancouver Small Claims Filing Assistant to help people to handle their cases of up to $25,000 or less.

Merry Christmas from Tim Louis & Company!

2007-12-24T08:41:00.000-08:00

Since I forgot to take pictures at the Christmas dinner, there aren't any pics to post. Oh well! Happy holidays to everyone!

We will be open for a half day today and then closing until the 2nd of January so we'll see you in the new year!

Che for Beginners

2007-10-10T13:26:00.000-07:00

40 years ago in the American CIA decided that the best way to deal with Che was to have him murdered. Little did they realize that Che would be even more powerful in death than he had already been in that life.

Che was born into a middle-class family in Argentina and went on to become a doctor. And he decided to put his own interests first he would have almost certainly have acquired the wealth and prestige of an upper-class professional. Instead, conscious of the need to bring about revolutions throughout the developing world, he committed himself to a tireless life of fighting for a new world.

Riding his motorcycle north from Argentina he was in Guatemala when the CIA overthrew the democratically elected government in 1954. The government of Guatemala had been committed to the mildest social reforms but even these reforms were too much for America to permit.

Che left Guatemala and continued his journey north until he reached Mexico City where he met a most remarkable man -- Fidel Castro. In the fall of 1956 Fidel, Che and approximately 100 other volunteers left together on a boat that took them to Cuba. Two years later, in late December 1958, Che and Fidel were successful in overthrowing the brutal dictatorship headed by Batista. Batista had been armed and funded by America. This was truly America's first ever defeat.

Over the next decade Che led by example. Absolutely opposed to perks or material rewards of any type today set a standard we should all aspire to. He pioneered the concept of volunteer work.

An excellent article which truly captures everything Che stood for follows.

http://www.tehrantimes.com/index_View.asp?code=154467

A Che Guevara event Sat October 6, 2007

2007-10-03T08:51:00.000-07:00

The Canadian-Cuban Friendship Association and Cafe Rebelde are presenting a Che Guevara event at SFU Harbour Center, 515 W. Hastings, Vancouver, BC on Saturday, October 6 from 1PM - 4PM. Speakers include: Laureano Cardoso Toledo, Tim Louis and Nino Pagliccia.

Roundtable Discussion on Human Rights in the Philippines

2007-09-27T14:10:00.000-07:00

Tim participated in a round table discussion on Human Rights in the Philippines on September 18, 2007.

Photos taken can be seen on the kalayaancentre.org website.

Here's an excerpt of the communique from the roundtable discussion:

Members from the Filipino community, academics, trade unionists, lawyers, church people, and human rights and social justice advocates came together in Vancouver last September 18 to strategize ways in which Canadians can actively support the struggle for genuine human rights in the Philippines.

Sponsored by the Philippines-Canada Task Force on Human Rights (PCTFHR) and organized by the local Vancouver Steering Committee for the Stop the Killings in the Philippines Campaign, the forum gathered ideas about what can be done by Canadians and the Canadian government to pressure the government of Philippine President Gloria Macapagal-Arroyo to put an end to the political killings and other human rights violations in the Philippines.
According to the Philippine human rights group Karapatan (Alliance for the Advancement of People’s Rights), there have been over 885 victims of extra-judicial killings and close to 200 people have been forcibly disappeared since 2001. As well, more than one million people have been displaced because of intensifying militarization....

Tim Louis, a lawyer and Vancouver City Councilor from 1999 to 2005 helped open the general discussion by stating his certainty that the movement for human rights in the Philippines will achieve victory in the long-run because it is based on a social movement that addresses people’s fundamental needs and interests. He also pointed out the particular role that Canadians can have by advocating for Canadian corporate interests in the Philippines to consider human rights violations in the Philippines.

Tania's graduation

2007-07-06T09:35:00.000-07:00

TB: Just wanted to thank Tim and Penny for coming to my grad! Here we are for a quick photo op before walking the stage. It just so happened that the guy sitting beside me (who took the photo) was an ex-employee of Tim's! Isaac used to do conveyancing with Gary Yaffe around 10 years ago. What a small world.

News around Tim Louis... and the company

2007-06-25T09:32:00.000-07:00

(Tania here)

It's June already! Boy has time flown by. Here are some updates:

1. Diana's moving and leaving us. =( Yes, we are very sad but happy that she's going to be off building on her property.

2. COPE's AGM came and went. I'm trying to look for any articles on it but it seems to have flown under the radar. I guess it wasn't newsworthy for the big papers. What I did find:

Reed Eurchuk's article from The Republic;

VancouverKid's blog post May 27, 2007

Jamie Lee Hamilton's blog post May 28, 2007;

After a long break from posting..

2007-04-25T09:31:00.000-07:00

So! (Tania here) After a huge catch up, we've finally gotten around to making the switch over to the new Blogger! ...and a post after 4 months of silence!

Tim and Penny went to Cuba, I took a few days off and now Diana is off for Europe! Maybe Tim can make a posting to go with a Cuba picture later on. ;-P

Happy New Year!!

2007-01-29T15:33:00.000-08:00

Happy New Year!!
Originally uploaded by timlouislaw.

Here's a photo... Thanks to Meena for sending us her photos to post. Meena was the only one taking pictures that night!

New Year's Eve

2007-01-29T15:31:00.000-08:00

Great friends, great food and great political conversation on New Year's Eve. What more could anyone ask for? The fundraiser was a success and plenty of people showed to chow down on Penny's homecooked dinner and yummy fruitcake!

Christmas at the office

2006-12-14T09:18:00.000-08:00

Festive decor
Originally uploaded by timlouislaw.

Well, it took some time but the office is decorated with the holiday theme now. We've got the tree with the crooked star atop and it's quite nice at night from the street when it's lighted.

Happy 2nd birthday!

2006-12-14T09:11:00.000-08:00

Happy 2nd birthday!
Originally uploaded by timlouislaw.

At our firm meeting, Diana was forced to blow out the randomly picked number of candles that were on her birthday cake.

Black Market organs of the Falun Gong

2006-11-21T14:53:00.000-08:00

Last night I went to an event sponsored by Friends of the Falun Gong. A three lawyer panel moderated by Mary Woo Sims, the former BC Human Rights Commissioner, provided a thoughtful and detailed presentation. The Falun Gong are extremely persecuted in China and reports have recently confirmed that Chinese authorities are executing Falun Gong practitioners in order to sell their organs on the open market to those seeking organ transplants.

Free the Cuban Five Heroes

2006-11-06T10:35:00.000-08:00

Free the Cuban Five Heroes
Originally uploaded by timlouislaw.

Here's a photo of Tim introducing the daughter and wife of one of the five Cuban prisoners in U.S. prisons.

For the Cuban Five

2006-11-03T15:19:00.000-08:00

The five Cuban heroes continued to sit in American jails 8 years after being arrested. Their crime? Infiltrating terrorist organizations in Florida in order to prevent terrorist acts being committed against innocent civilians in Cuba.

Many are unaware of the fact that the American government began funding Cuban terrorist organizations in the 1960s and that to date, over 3,000 innocent Cuban civilians have lost their lives as a result of terrorist acts committed by these groups. The most notable example was the blowing up, in mid-air, of a Cuban airliner, killing all onboard. The self admitted purpetrator has never been charged by Washington. He currently lives in Florida. President Bush refuses to let him be extridited.

Last night, I attended a public meeting, which the daughter of one of the Cuban Five and the wife of another of the Cuban Five, spoke. The room was packed to close to 200 people. We were advised that the Cuban Five were sentenced by a Florida court to jail terms ranging from 20 years to double life. Officially, they were charged with spying in America without seeking government approval in advance! Appeals have been filed and will take many years to wind their way through the lengthy appeal process.

If you wish more information on this miscarriage of justice, I would recommend visiting the Free the Cuban Five website.

At the Peace March

2006-10-30T13:16:00.000-08:00

Tim and Penny at the Peace March
Originally uploaded by timlouislaw.

Here I am with my partner, Penny, at the Peace March. The photo was taken by Jeannie Kamins, a wonderful real estate agent and artist. A great rally!

Solidarity

2006-10-20T11:11:00.000-07:00

Solidarity
Originally uploaded by timlouislaw.

Children make their mark of solidarity on canvas.

The Drift - Art along Main St.

2006-09-29T18:16:00.000-07:00

For the second year (or is it the third?) Penny Parry is a participating artist in the annual The Drift art festival along Main St.

It's so exciting because the artists get to bring their art to where the people are: participating shops and cafes.

Penny Parry has Rhizome Café all to herself. Her photo display is inspired by her and Tim's trip to El Salvador in 2004.

Check it out! Rhizome Café - 317 E. Broadway

Broadway construction winding down

2006-09-01T08:48:00.000-07:00

Tania here. Well, it looks as though the street sewer repair and repaving may be coming to an end. You wouldn't imagine how many people it has affected.

It looks as though they're grinding away the top 2 inches of pavement outside our windows.. with an intent to repave. Though everyone else will be happy when the traffic congestion goes back to its normal pace, I'll just be happy we don't have to work with the jackhammering outside the window. ;-P

2006-08-20T13:26:00.000-07:00

Colbert Report

Chuckle.

It was a chocolate moose!

2006-08-10T23:52:00.000-07:00

Tim's birthday cake
Originally uploaded by timlouislaw.

Actually it was a chocolate mousse cake with strawberries on top..

Pictures are posted!

2006-07-31T09:28:00.000-07:00

Here are pictures from the COPE Salmon BBQ Fundraiser at the Vancouver Rowing Club on Snapfish. To view, you'll have to sign up but it's quick and easy.

What a SUCCESS!

2006-07-28T16:28:00.000-07:00

Here's a link to COPE's article on last night's annual salmon BBQ fundraiser: http://www.cope.bc.ca/releases/2006-07-28-1.htm

Vancouver Folk Festival

2006-07-20T11:50:00.000-07:00

Once a year, my significant other, Penny, and I escape to reality by attending the Vancouver Folk Festival.

This festival is organized the way society as a whole should be organized! Politics fills the air, culture is used to educate and bring people together and the site is organized for maximum accessibility for people with disabilities.

The weather was incredible and my favourite performer was Utah Phillips. Never one to miss an opportunity to make good use of a networking opportunity, I handed out over a hundred leaflets promoting COPE's annual summer salmon BBQ.

I can't wait for next year.

COPE Salmon BBQ

2006-07-12T09:22:00.000-07:00

Tim hasn't posted in awhile so I'll do an update!

The annual Salmon BBQ Fundraiser at the Rowing Club at Coal Harbour is in the works again. We have a little less than 3 weeks to go (July 27, 2006) but it should be a good event! I heard that at last year's fundraiser, someone put in a bid for Tim to karaoke ... but he managed to outbid his way out of it! We'll see what happens this year..

For tickets ($60), contact Carlo Bodrogi: carlo@cope.bc.ca

Communities of Accessibility and Inclusion

2006-07-05T10:38:00.000-07:00

The office was sent a copy of Measuring Up version 1.

Inside, a message from Mike Harcourt:

"The Accessible/Inclusive Cities and Communities concept, work and guide grew out of a commitment by the Rick Hansen Foundation, the City of Vancouver, and a broad gathering of disability groups, including the City's Advisory Committee on Disability Issues. Councillors Sam Sullivan and Tim Louis helped move the concept through Vancouver City Council, and onto the agenda of British Columbia's Municipalities in 2003/2004.

For a copy of Measuring Up: http://2010LegaciesNow.com/Images/About/MeasuringUp.pdf

Walk for Peace

2006-06-23T15:30:00.000-07:00

It's Walk for Peace time - tomorrow, Saturday, June 24, 2006!

The World Peace Forum begins tonight with delegates from all over the world. Regrettably, one of Vancouver's municipal parties, Vision Vancouver, decided to hold it's fundraiser the same night. Is this further evidence of a gradual shift to the center-right? Some are suggesting that Vancouver now has 2 center-right parties - the ruling NPA and Vision. This would leave COPE as the only center-left party in Vancouver.

Speaking of fundraisers, COPE will have its annual Summer Salmon BBQ on Thursday, July 27, 2006 at the Vancouver Rowing Club.

A random quote from Che Guevara..

2006-06-16T08:59:00.000-07:00

“The revolution is not an apple that falls when it is ripe. You have to make it fall.”

Hands off Cuba and Venezuela!

2006-05-29T16:09:00.000-07:00

On Saturday, May 20, 2006, the Vancouver Art Gallery was the location for a very successful demonstration against American interference in Cuba and Venezuela. Speakers from many organizations spoke passionately in defence of the human revolution and the very positive changes taking place in Venezuela. Reference was made to the fact that the infant mortality rate in Cuba is the lowest in all of the Central and Latin American nations and that homelessness does not exist in Cuba. Speakers applauded Venezuela's recent accomplishments, including the recent elimination of illiteracy and the recent introduction of free health care for all. I was inspired, as I always am, at events in support of revolution.

Some links:
The Hands Off Venezuela website..
Canadian-Cuban Friendship Association (CCFA) Toronto
Vancouver Communities in Solidarity with Cuba

Lee Building

2006-05-24T23:10:00.000-07:00

Lee Building
Originally uploaded by t_professionelle.

The second floor of the Lee Building is the home of Tim Louis & Company. We moved here in 2004 and have loved it since!

Corporatism and government shouldn't mix..

2006-05-23T14:33:00.000-07:00

Here's snippet from The Province article from April 25, 2006 by John Bermingham and David Carrigg "Name your building, for a hefty price tag":

"The City of Vancouver is looking at selling the rights to name its city-owned facilities to corporate and individual sponsors..... Potential naming properties would include the Queen Elizabeth Theatre, the Orpheum, the Vancouver Art Gallery, the Dorothy Lam Child Care Centre, Van Dusen Gardens and The Pacific Coliseum.
The proposal has outraged former city councillor Tim Louis, who was last weekend elected to the executive of the Coalition of Progressive Electors.
"As soon as you allow corporatism to leave its mark on government, you begin to remove yet one more place that is currently commercial free," Louis said.
"It also opens up the door to skewed decision making. I fear if the council opens the door to this revenue source, it's only a matter of time before we have some of our most cherished civic institutions named after any number of corporate entities. That would be a very sad day."... Louis has previously dubbed billboards as "graffiti for the rich." "We don't need to move graffiti for the rich into places for the people," he said yesterday.

Salt Spring Island.. An unlikely spot to find Che?

2006-05-19T09:20:00.000-07:00

Here's a pic from Sarah Blythe, who's just done an interview with Tim.
che salt spring

Originally uploaded by carbronsita.

Coun. Tim Louis Deputy Mayoring

2006-05-19T09:12:00.000-07:00

DSC_0020 20050814 Coun. Tim LOUIS
Originally uploaded by flungingpictures.

Speaking at a V-J Day event on August 15, 2005 on behalf of the then mayor.

Save St. Paul's Hospital Coalition News Conference, July 13, 2005

2006-05-19T09:04:00.000-07:00

Save St. Paul's Hospital Coalition News Conference, July 13, 2005
Originally uploaded by West End Residents Association.

Tania here and was doing some searching for Tim on the net. I've found a few photos of Tim out about the town. This one was at a news conference last July 2005.

The Start of Something New..

2006-05-18T13:31:00.000-07:00

It's Tania here (Tim's legal secretary). Tim's given me the green light to start up a blog for him! Yeehaw. So the plan is to post some interesting and provocative political reading material.

Grab the edge of your seats and stay tuned!