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Criminal Negligence in the Workplace: Marine Employment Lessons

Criminal Negligence in the Workplace: Marine Employment Lessons | Lambert And Williams Lawyers | Scoop.it

For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee.  Although the facts of the case do not involve the death of a mariner, this article should be of interest to marine employers and the families of deceased mariners because the same legal principles apply across all industries.

Briefly, the facts of the case are that 22-year-old Kelsey Anne Christian started work at the Stave Lake Quarries in Mission B.C. in 2007 and was killed on her second day on the job when the truck she was operating flipped over, pinning her underneath. A government investigation concluded that she had not been provided adequate training on the operation of the quarry truck before she was required to operate it.  In April 2015, eight years after the accident, the employer and two other employees were charged with criminal negligence.

 

 

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Practical Advice on Wills and Estates Planning for Blended Families

Practical Advice on Wills and Estates Planning for Blended Families | Lambert And Williams Lawyers | Scoop.it

Many Canadian families do not follow the traditional family structure and are often formed by two people who have children from previous relationships. The 2011 census provides that these “blended families” now comprise 12.6% of Canada’s 3.7 million families.

The question is: how should estate matters be handled differently for blended families? Standard wills typically distribute all assets to the surviving spouse on the death of other, and on the death of the remaining spouse, to the couple’s shared children. But in the case of a blended family, this distribution may exclude the children of the spouse that dies first.

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Experienced Injury Lawyers Help You Obtain the Compensation You Deserve

Experienced Injury Lawyers Help You Obtain the Compensation You Deserve | Lambert And Williams Lawyers | Scoop.it
If you were injured in a motor vehicle accident and qualify for Part 7 benefits with ICBC (“no-fault benefits”), you may be entitled to the following: 1. Medical benefits Section 88(1) of the Insurance (Vehicle) Regulations (the “Regulations”) requires ICBC to pay “all reasonable expenses incurred by the insured as a result of the injury for necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis”.
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Wills and Estates: Four Things that Give You Grounds to Make a Claim

Wills and Estates: Four Things that Give You Grounds to Make a Claim | Lambert And Williams Lawyers | Scoop.it
Knowing how to properly create a will would prevent potential legal repercussions, and the “Make a Will Week” campaign held in early April in British Columbia encourages younger generations to think seriously of this task even at their age. A will is a legal document containing all information and instructions on how a person wants his possessions to be handled and divided among his inheritors after his death. Provisions of the will include real estate properties, investments, finances, and household and personal belongings. In a normal situation, wherein a person dies prepared and has all his assets divided properly through a will, there will be no problem.
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Personal Injury Lawyers Recommend Recording Details of Accident Scenes

Personal Injury Lawyers Recommend Recording Details of Accident Scenes | Lambert And Williams Lawyers | Scoop.it
Whether or not the accident was your fault, you should call the ICBC and report the accident. This line is open 24-hours a day, 7 days a week. A representative will ask you for information, such as when and where the accident occurred, license plate numbers, and insurance details, so be sure to have them ready when you make the call. Once you are done with these steps, it’s time to look for a trusted personal injury lawyer in Victoria like one from Lambert & Williams. Ideally, you should speak to a lawyer before you provide any statements to the ICBC. This way, you can protect your rights and ensure you are able to maximise the coverage you are entitled to. This is especially important if you sustained an injury from the accident, or are seeking claims to cover repair costs.
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Reliable Personal Injury Lawyers and Your Soft Tissue Injury Claim

Reliable Personal Injury Lawyers and Your Soft Tissue Injury Claim | Lambert And Williams Lawyers | Scoop.it
While you might walk away from the scene of an accident feeling nearly unscathed, it is not unusual for pain to appear in a delayed fashion. Although broken bones can often be healed within a relatively short period of time, soft tissue injuries are more difficult to treat and can cause permanent pain, or take a longer period of time to heal. If you are injured, steadfast personal injury lawyers have knowledge on how to effectively build your injury claim, especially regarding soft tissue injuries. There are five levels or grades of soft tissues injuries, also known as whiplash (“WAD”), which were first introduced by the Quebec Task Force in 1995 to determine the severity of the injury. The lowest grade is Grade 0, which equates to no degree of pain felt on the neck and no significant and physical sign of injury. The highest grade, meanwhile, Grade 4, manifests a degree of pain, which might be the patient’s source of complaint, and a visible fracture or dislocation.
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Lawyers in Victoria, B.C. Will Help You Avoid Estate Planning Foul-ups

Lawyers in Victoria, B.C. Will Help You Avoid Estate Planning Foul-ups | Lambert And Williams Lawyers | Scoop.it
In British Columbia, the Wills, Estates and Succession Act (“WESA”) regulates estate distribution and planning. Among other things, WESA allows a court to benefit certain family members that were excluded under the Will upon a variation application to the court. Lawyers from Victoria, B.C., like those from Lambert and Williams, will assist in protecting your wishes from a potential variation claim. Wanted: Executor One of the key decisions in estate planning is the selection of an executor, this is also one of the most challenging decisions. As Lisa Lagace of Yahoo! Finance Canada cited in her July 2012 article, the results of a CIBC survey revealed that 84% of Canadians name a family member as executor, and that many of those would-be-executors have no experience in the process. An executor’s responsibilities include collecting insurance proceeds, selling assets, filing individual and estate tax returns, and arranging the funeral.
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Wills and Estates: The Importance of Making a Last Will and Testament

Wills and Estates: The Importance of Making a Last Will and Testament | Lambert And Williams Lawyers | Scoop.it
Nobody really knows when they will meet their end. Life is fleeting, and untimely accidents and grave illnesses can happen at any given time. Ensuring the financial security of your family and loved ones should be a top priority, and matters like these must be dealt with as early as possible. A Last Will and Testament is an important legal document that deals with the distribution of an individual’s property and assets after his or her death. Every adult has the right to make a will, yet not everybody chooses or has the foresight to draft one. Laws in British Columbia state that without a will, it falls to the courts to decide how to distribute an individual’s estate, which will be passed according to intestate laws.
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Skilled ICBC Lawyers Help Turn Tables on Adjusters Taking Advantage

Skilled ICBC Lawyers Help Turn Tables on Adjusters Taking Advantage | Lambert And Williams Lawyers | Scoop.it
Filing for an insurance claim with the Insurance Corp of British Columbia (ICBC) may be one step to getting a full redress from your personal woes, especially when they result in injury. The problem, however, lies with standing ground against ICBC adjusters who may try to prompt a settlement that could turn out to be less than what your claim might be worth. Some observers in the industry note that insurance adjusters often negotiate with both sides to settle an issue with as little hassle as possible. Hire leading ICBC lawyers like Rory Lambert and Darren Williams of Lambert and Williams to negotiate on your behalf.
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Upright Victoria, BC Lawyers Protest the Lack of Legal Aid Funding

Upright Victoria, BC Lawyers Protest the Lack of Legal Aid Funding | Lambert And Williams Lawyers | Scoop.it
Lawyers in Victoria, BC who deal with legal aid cases recently halted their services as a way to pressure the government to increase funding for the system. Members of the Trial Lawyers Association of BC said that “government funding for legal aid has remained the same for 23 years despite inflation and population growth.” This affects the people who are not able to afford a lawyer, as they are denied any legal assistance. About 40 percent of the people who face criminal charges end up representing themselves because they don’t meet the required conditions to acquire legal aid approval. A staggering number of people in family courts and small claims courts are left without any lawyers.
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A Wills and Estates Lawyer is Adamant on Better Wrongful Death Compo

A Wills and Estates Lawyer is Adamant on Better Wrongful Death Compo | Lambert And Williams Lawyers | Scoop.it
It is still possible that the awarding of damages may be sought after by any estate creditors. To this end, the TLABC’s position is that the compensation will not be marked for any creditors and be held in trust for named beneficiaries. A Victoria estate law office such as Lambert and Williams will ensure you have a fighting chance of being granted compensation for your loss. An insider in the plaintiffs’ camp said that the compensation gives them more viable space to take on the defendants, Robert and David Pickton, in court by jury trial.
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Navigating Mariner Severance Pay – Tips for Mariners

Navigating Mariner Severance Pay – Tips for Mariners | Lambert And Williams Lawyers | Scoop.it

“When is a mariner entitled to notice of termination of their employment, or to be paid out for the time instead, often called severance pay?” Unfortunately this is an all too common question. In some cases, a mariner is left with no right to severance, but in many others, the mariner may overlook significant entitlements because they do not understand their rights—something that could be avoided with the help of lawyers in Victoria, BC.

There are, of course, at least two sides to every story, so in the next Legal Net I will outline the steps a prudent employer should take to terminate an unwanted employee, but for now, a mariner who faces the dismal view of being fired themselves should ask the following questions.

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Top Victoria Crash Hotspots Identified

Top Victoria Crash Hotspots Identified | Lambert And Williams Lawyers | Scoop.it

An official from the Royal Canadian Mounted Police (RCMP) traffic services blame sheer volume as the main cause, given that the interchanges were designed some 50 years ago when traffic was low.  Impatient motorists tend to speed, and not leave enough room for the driver ahead. Should the latter make an abrupt stop, rear-end collisions follow.  In addition, most motorists nowadays are distracted by their devices. Police have reportedly written about 10,000 tickets in the past year for such related driving violations.

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Lawyers in Victoria, BC: Hire a Lawyer before Making an ICBC Claim

Lawyers in Victoria, BC: Hire a Lawyer before Making an ICBC Claim | Lambert And Williams Lawyers | Scoop.it
Where ICBC fails to pay no-fault benefits, an action against ICBC must be commenced within 2 years of: 1) the date of the accident; 2) the date of the last benefit payment, where some benefits have been paid; or 3) the date ICBC received notice in the prescribed form of your intention to commence an action for no-fault benefits (providing the notice was sent within 2 years of the accident). Hire a lawyer before talking with ICBC. A lawyer will provide you with professional advice and advise you of any missteps that may later be prejudicial to your claim. Count on experienced trial lawyers in Victoria, BC, like those from Lambert & Williams, to help you receive full settlement and to maximize your recovery.
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Contesting Wills and Estates: What Elements are Needed for Legitimacy?

Contesting Wills and Estates: What Elements are Needed for Legitimacy? | Lambert And Williams Lawyers | Scoop.it
Realising that you have been left out of the will of a loved one can be a shocking experience. This doesn’t mean, however, that you should remain silent while the last will and testament of your loved one is being executed. What some people do not know is that there are a variety of factors that must be satisfied before documents become legitimate wills and estates. If these factors are not satisfied, you may have cause to contest the will in court, and in fact, may have a good chance of getting it invalidated.
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Victoria, BC Lawyers Lead Distracted Driving Program for Young Drivers

Victoria, BC Lawyers Lead Distracted Driving Program for Young Drivers | Lambert And Williams Lawyers | Scoop.it
Due to the growing number of young drivers involved in car accidents as a result of distracted driving, the Trial Lawyers Association of British Columbia is taking the initiative to launch a program addressing this concern. Victoria, BC lawyers Rory Lambert and Darren Williams of Lambert and Williams are pleased to share that Associate Karina Carson will be spearheading this program aimed at saving young lives. Canadian teenagers aged 15 to 19 account for less than 7% of the population, but studies have uncovered that this segment represents 19% of all fatalities and serious injuries throughout Canada. Those who are in the beginner stage of the Graduated Licensing Program (GLP) are 45% more likely to get into an accident than experienced drivers, with 1 in four crashes resulting in a serious injury or fatality. In British Columbia, about 6.6% of drivers are aged 16 to 20 years old, and they represent 14% of all drivers involved in a crash.
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Reliable ICBC Lawyers Assert Damage Claims From Distracted Drivers

Reliable ICBC Lawyers Assert Damage Claims From Distracted Drivers | Lambert And Williams Lawyers | Scoop.it
No one wants to be involved in a motor vehicle accident. Many times, however, accidents are unavoidable. Numerous people behind the wheel do not practice safe driving and operate their vehicle while distracted. The Insurance Corporation of British Columbia (“ICBC”) reports that distracted driving is one of the leading causes of car crash fatalities in B.C., with an average of 88 people killed each year. Being in a car crash is never a pleasant experience. It leads to unexpected costs in terms of car repairs, injuries, or worse, the loss of life. Most of the time, drivers are at least one driver is at fault, especially if they are drunk or distracted, as shown by the most recent data made available by the ICBC. Proper coordination with reliable ICBC lawyers is essential in pursuing the parties responsible for the sometimes irreplaceable damage inflicted upon you and your party.
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Understanding Collision Regulations with Victoria B.C. Lawyers: “More what you call guidelines, than actual rules”?

Understanding Collision Regulations with Victoria B.C. Lawyers:  “More what you call guidelines, than actual rules”? | Lambert And Williams Lawyers | Scoop.it
Clearly the Collision Regulations under the Canada Shipping Act 2001 (the “ColRegs”) serve an important purpose in promoting the safe navigation of vessels on coastal and non-coastal waters. Like laws governing motor vehicles on land, these rules of the road reduce the risk of damage through collision by requiring predictable behavior. Mariners expect other mariners to follow the ColRegs, and these expectations, if met, lead to fewer collisions and greater efficiency in shipping. That much is obvious. What is not obvious however, is the extent to which a breach of the ColRegs may lead to a finding of legal liability for an accident. More than a few mariners have expressed frustrations like, “he broke Rule 15, he must be completely responsible for the accident!He has to pay for the damage!” only to find an insurance company, an employer, or a court disagree. In this situation, trust that experienced Victoria, B.C. lawyerscan help.
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Victoria Personal Injury Lawyers Seek Hockey Injury Compensation

Victoria Personal Injury Lawyers Seek Hockey Injury Compensation | Lambert And Williams Lawyers | Scoop.it
Everybody knows hockey has long been Canada’s national sport and players north of the 49th parallel take to the ice with a passion. Still, such drive can lead to bitter scuffles and hard slams, which, despite the ample protection, can trigger serious long-term injuries. When this happens, compensation for the injured player may be necessary, notes Rick Westhead of TSN. Westland highlights his point with a story of a $12-million injury compensation lawsuit levelled against Canadian Hockey League team Barrie Colts by former goalie John Chartrand. Chartrand’s case comes as more awareness of long-term injuries is taking a foothold in Canadian sports. The CHL and the National Hockey League are named in other lawsuits as well: the CHL is targeted for wage compensation and the NHL for head injuries. As injuries of any sort can set back or permanently cripple a player’s career, you need credible personal injury lawyers, such as the team at Lambert and Williams, to push your case for redress
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LaW Personal Injury Lawyers Move to their New Westside Village Home

LaW Personal Injury Lawyers Move to their New Westside Village Home | Lambert And Williams Lawyers | Scoop.it
Your trusted personal injury lawyers have moved into Unit 210 of the Westside Village Shopping Centre, located in Vic West at 174 Wilson St. Almost five months have passed since our move and now that the contractors have finished, we are finally feeling settled here in this magnificent Westside Village community. Our signs are now up so we are hard to miss. With a new space comes new cutting edge technology that we have incorporated into our practice. Now we store all of your claim information online so that you can have direct access to it. Direct client access is an important way to keep you up to date regarding the work we are doing for you.
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ICBC Lawyers Win Case Against Cyclist via Firm Application of the Law

ICBC Lawyers Win Case Against Cyclist via Firm Application of the Law | Lambert And Williams Lawyers | Scoop.it
Although the decision was made in adherence to the law that governs motorists, injury attorneys for the plaintiff contend that the law isn’t clear about its application to cyclists. In other words, there is a disconnect between the actual rules of the road and the realities of safe cycling. Current laws do not clearly define how cyclists and motorists can share the road. That’s why you’ll need the help of firms that provide the best ICBC injury lawyers, like Lambert and Williams, to guide you to the best possible resolution.
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