This week, we look at a key B.C. decision confirming that impairment alone is not enough to prove liability for bodily harm.
A recent B.C. Supreme Court decision reinforces that in impaired driving cases involving bodily harm, the Crown must still prove causation. Even where a driver is impaired, they are not automatically responsible for injuries if the accident itself was unavoidable or caused by another driver.
The episode also revisits the Dancho case, where the Court of Appeal confirmed that failing to understand administrative consequences—like driver risk premiums—is not enough to undo a guilty plea. The decision highlights the importance of obtaining legal advice early, rather than trying to fix things on appeal.
Finally, the discussion turns to a growing issue: the use of AI for legal advice. A recent U.S. case confirms that conversations with AI are not protected by solicitor-client privilege, meaning anything said could potentially be used as evidence.
Stream Episode 448 for the full discussion.
