Greg Phillips
210-3260 Norwell Dr. V9T 1X5 Nanaimo, BC, Canada

More reasons for judgment issued today, where I successfully defended a commercial tenant against a landlord. The case is called Stearman v. Powers 2016 BCSC 263. The tenant claimed the location they were leasing smelled bad and interfered with their business. They repudiated their lease. The landlord sued, but the court found that because the landlord did not follow the proper important procedural steps, they actually accepted the tenant's repudiation. This is actually the... 3rd time this matter has been litigated, after the landlord appealed the original trial decision. The Court of Appeal ordered a new trial, and this was the result of that. It is one of those unfortunate cases where it seems to me that everyone thought they were doing the right thing -- but at the end of the day, this case illustrates that it is really important that landlords and tenants know what their rights and obligations are. There are some cases that just cry out for the Courts to assist, and this was one of them. http://canlii.ca/t/gndqd

In the ONE second it takes you to glance at your cell phone at 100km/h, your car travels 28 metres (or 91 feet). At 28m/s, your 1400kg car carries 533kJ of kinetic energy, which is roughly equivalent to a TNT grenade. Put your phones away, folks! ... http://engage.gov.bc.ca/distracteddriving/

I received Reasons for Judgment this week on a trial I ran almost a year ago. This case is a good example of the way the Courts can help level the playing field between a huge insurance company and "the little guy". This was a challenging case where, in our view, the client was not being treated fairly by ICBC. For example, we had to make an application to the Court to have ICBC continue funding rehab for her. Even on the eve of trial, we felt that ICBC's offer to settle th...e claim was well below what was fair for the client. We were right; Mr. Justice Bracken ultimately awarded $301,102.00. My client was a young hairdresser who was following a vehicle that performed a u-turn in front of her without warning, causing a collision. Her vehicle was written off as a result. She suffered significant soft tissue injuries to her neck, back and shoulders. The injuries are permanent, and she was unable to return to her work as a hairdresser, which is a career she was passionate and well suited for. http://canlii.ca/t/gkx88