Phone: 604-558-8778
Toll Free: 1-855-558-8778
Personal Injury Lawyer

Filkow Law Welcomes New Personal Injury Lawyer

Filkow Law welcomes personal injury lawyer Blake Cooper to its legal team.  Blake’s focus is on ICBC injury claims, acting for car accident victims who have suffered losses as a result of someone else’s carelessness on the road.  He never represents the insurance company.

Blake has an intimate knowledge of how the law values personal injury claims.  He also knows how ICBC works to dispute that valuation.  As the insurance company, ICBC’s job is to defend the actions of its negligent drivers and to pay the injured victims as little as possible.  While almost all of us in British Columbia are ICBC customers, the landscape changes when an accident strikes.  Indeed, the claims procedure is largely adversarial.

n a negligence claim for pain and suffering, ICBC owes no duty to the injured victim, and employs a staff of insurance adjusters to challenge the strength of a victim’s case in order to limit the settlement payout.  Adjusters are professional negotiators.  They know that if an injured person rejects their settlement offer, the injured person’s last recourse is by starting a lawsuit, which ICBC will always defend with its own legal counsel.  Accordingly, without someone in their corner, injured persons may find themselves at a significant bargaining disadvantage when it comes to settling their case.

As a plaintiff’s lawyer, Blake’s job is to level the playing field.  He works with his clients to present their claims properly, negotiate effectively on their behalf, and, if necessary, take their case to court.

If you are hurt in a motor vehicle accident as a result of someone else’s carelessness, expect ICBC to dispute the true worth of your case.  Call Blake at Filkow Law for advice on how to fight back.

0
Getting arrested

“I am being arrested by the police. I need to speak to a lawyer”

Kevin Filkow recently spoke to new criminal lawyers and civil lawyers at the Trial Lawyers Association, “Trial by Fire” program. The main topic was what to do when someone is arrested or is in police custody. It was a very important and instructive discussion.

Although, the most fundamental and critical advice is that an individual should not make any statements to the police, there are many other important considerations, protections and strategies that must be communicated.

The discussion covered what the individual who is in police custody should do, what should the lawyer discuss with the police? What information should the lawyer receive from the police? What can be done to assist the individual being released from custody? Is there different advice depending on whether the arrest is for drinking and driving charge, domestic assault, drug charges or murder?

One of the most scary and unpleasant events for someone is to be in police custody. There is a serious imbalance of power. One’s fundamental liberties are at stake.A phone call to a lawyer is generally the only legal assistance at a very vulnerable time. The lawyers’ role and legal assistance is extremely important on many levels. Be sure to contact us if you have been arrested. 

0
stopped by police

What To Do If You Are Stopped By Police

Being stopped by the police is never a fun experience. It can be very unsettling to be pulled over on the street or in a vehicle and questioned by the police. When you are stopped by the police, the very first question you would have is “what are my rights? Do I have to say anything? If so, to what extent?”

There are very limited exceptions – you may have a duty to identify yourself and to provide identification – the law in Canada is clear: every individual has the right to remain silent, the right to Counsel and to other protected rights as well.

1. Being stopped on the street

Suppose that you are walking on the street and encounter the police. If the police simply say “stop” or surround you then you are detained since the officer blocks your path in an intimidating manner.

A “detention” is the act of keeping back or withholding, either accidently or by design, a person or thing. R. v. Suberu, the leading case from the Supreme Court of Canada, defines a detention as following:

“A suspension of an individual’s liberty by significant physical or psychological restraint, with various factors helping to determine whether there was a psychological detention.”

The difficulty for you is that you do not know if the police have reasonable grounds to detain you. This ambiguity can easily be resolved by simply telling the police officer that you do not want to speak to them and ask, “Am I free to go?”. If the police tell you that you are not free to leave you are now detained and you have the right to be told why.

Generally, the police do not have the power to stop or question you without a reason. The police are only permitted to detain and demand your identification when they have a reasonable suspicions that you are engaged in criminal activity.  If the police do not have a reasonable reasons the detention is illegal and any evidence they obtain can be excluded at trial. 

However, there is an exception, if the police stop you to issue an appearance notice or if you have committed a by-law infraction or other ticket-able offence, you are under an obligation to identify yourself by giving them your name and address. It is a criminal offence to lie about your name or address and you may be charged with obstructing the police from carrying out their duties.

When you are detained, you have no obligation to say anything to the police, nor do you need to answer any of their questions. You are free to say absolutely nothing to the police as the law allows you to remain silent.

The police also have a duty to let you speak to a lawyer in private as soon as possible. It is highly recommended you speak to a lawyer before making any statements to the police.

2. Being stopped while driving

Just like when you are stopped on the street, your Charter rights apply to you and to anyone else in your car when the police officer pulls you over while you are driving. However, in Canada, driving is considered a privilege, not a right and the power for a stop comes from the Highway Traffic Act. Thus, while you are protected by the Charter rights, there are certain obligations that you have during a police vehicle stop.

The police are legally permitted to investigate in almost all driving situations if the police have reasonable grounds to believe you have committed a criminal offence, or if they observe you committing an offence under the Highway Traffic Act.

Under the Highway Traffic Act, a driver must present their driver’s licence, vehicle registration and a proof of insurance for the vehicle they are driving. Failing to cooperate with the police officer in this situation may give them the right to arrest you and lay a criminal charge for obstruction. 

The police can also order you to step out of your vehicle if they suspect you are driving while impaired or they have reasonable grounds to concern for their safety.

However, the police power to stop your vehicle to investigate your license, insurance, registration, or the safety of your vehicle does not permit a comprehensive search of your car or an investigation into identities of your passengers. You have a right to say “no” to a police demand to search your vehicle.

Likewise, passengers do not have an obligation to identify themselves unless the police have reasonable suspicion or belief that they are involved in a criminal offence or by-law infraction.

Remember that it’s always your right to ask why you are being stopped and to contact a lawyer before answering any questions or consenting to the police requests.

0
Court of Appeal

Appealing a Sentence in British Columbia – What does it Mean?

Were you convicted when you were found guilty of a crime?

Did you receive a sentence after being found guilty or pleading guilty to committing a crime?

Was the decision unreasonable? Can it be supported by the evidence? Did the lower court judge make an error in law? Was there a miscarriage of justice?

Was your sentence imposed within the past 30 days?

If the answer to the above question is “Yes”, you may be able to appeal your sentence.

Simply, to appeal a sentence means to apply for a review of the decision of the lower court. In British Columbia, appeals from the Provincial Court are heard in the BC Supreme Court and appeals from the BC Supreme Court are heard in the BC Court of Appeal.

Commonly, grounds for an appeal are either based on an error in law or procedure; not facts.

In submitting a notice of appeal based on error in law or procedure, we are arguing that the judge made a mistake in the court proceeding concerning a matter of law or procedure. An example of an error in law is a judge that improperly admits evidence during trial that should have be excluded based on a violation of Section 8 (Right to be secure against unreasonable search and seizure) of The Canadian Charter of Rights and Freedoms.

It is important to note that the purpose of an appeal is not to retry the case. This means that lawyers will not submit new evidence or present witnesses. Rather, the focus of an appeal is to correct an error that was made by the lower court or guide the interpretation of the law.

The appeal process can be quite complex. Before you make a decision to appeal your case, talk to a criminal lawyer. Having an experienced criminal lawyer on your team can help increase the chance of a positive outcome.

Contact us if you are thinking about appealing your case.

0
Sexual Offences

What If You Are Charged With A Sexual Offence

The law of sexual assault in Canada is dynamic and constantly changing. There are several stages of the prosecution of a sexual offence that require important decisions on the part of the accused that you should not make without the guidance of experienced counsel.

When you are initially charged with a sexual offence, there will be bail considerations and an opportunity for negotiations with the Crown. Ultimately, if you are not guilty, you may end up having to go to trial.

An experienced lawyer will help you decide in which level of court your particular sexual offence case should be heard, in order to provide the best chances for an acquittal. Depending on the age and relationship to you of the complainant, a preliminary inquiry may or may not be fruitful. There are a wide range of highly technical procedures available to the Crown that a good lawyer knows how to anticipate and oppose.

At the preliminary inquiry stage, you want a lawyer with experience applying for witnesses to be compelled to submit to cross examination, and opposing other evidentiary motions.

At the trial stage, you want a lawyer with experience making third-party records applications, making prior sexual history applications, challenging the admissibility of confessions, cross examination, and most importantly, a lawyer who is very familiar with the unique nuances between the elements of different sexual offences. Depending on which sexual offence you are charged with, there may be subtle defences available to you based on your actions and/or intentions.

If you are guilty and want to take responsibility for your charges, you will need a lawyer who is current on the recent and continuing developments in the sentencing law of sexual offences. The aggravating factors that may increase your sentence for a sexual offence can be misunderstood and misused by Crown. You need a lawyer who can protect you from any such injustice and highlight any mitigating factors in your case to the court. There are also special sentencing considerations for sexual offences that you don’t face for any other type of crime, especially if the complainant is a youth. There are mandatory minimum jail sentences in some cases, and you could face very strict conditions for up to life. You need a lawyer who has experience with these procedures to help you navigate the system if you want to plead guilty in order to secure the best possible sentence.

Regardless of whether you are guilty or innocent, if you are charged with a sexual offence including but not limited to sexual assault, sexual interference, sexual exploitation, invitation to sexual touching, possession or distribution of child pornography, luring children, indecent exposure, voyeurism, human trafficking, or incest, you need an experienced lawyer with an expertise in this area of law to ensure you have the best opportunity for a good result.

If you have been charged with or are being investigated for a sexual offence, please don’t hesitate to contact us for a consultation.

0
Trial Lawyers Association of BC

Kevin Filkow Chairs TLABC Event

Mr. Filkow is the chairing the upcoming 2017 Trial Lawyers Association Criminal Law Conference. In recent years, Mr. Filkow has spoken and presented at a number of legal education programs and seminars. Recent topics and issues covered are:

· Trial delays

· Police and Expert evidence

· Search and Seizure issues

· Forensic Sciences

· Drinking and Driving

· Motor Vehicle Act Stops

· Immediate Roadside and Administrative Driving Prohibitions

· Civil Forfeiture

· ICBC Breaches

For any criminal or driving matter, please do not hesitate to contact us for assistance at 604-558-8778.

0
driving-prohibition

BC Driving Prohibition FAQ

We have been receiving lots of calls regarding driving prohibitions recently.  As  a leading BC law firm dealing with driving offences and driving prohibitions, we have handled hundreds of cases where driver’s are facing losing their license under such things as the Driver Improvement Program

In addition to Immediate Roadside Prohibitions (which can be 12 hours, 24 hours, 3 days, 5 days or 90 days in length) , there are several different kinds of driving prohibitions that can be issued by the Superintendent of Motor Vehicles, also known as RoadSafetyBC.

These include the following:

Driver Improvement Program prohibitions pursuant to section 93(1)(a)(ii) of the Motor Vehicle Act for having a poor driving record

Medical Prohibitions from driving pursuant to section 92 of the Motor Vehicle Act

Driving Prohibition under section 93(1)(c) where an officer writes to RoadSafetyBC requesting a license suspension

We most commonly see Notice of Intent to Prohibit letters or Notice of Prohibition letters which communicate an intention to prohibit someone under section 93(1)(a)(ii) but we are versed in reviewing all kinds of prohibitions under the Motor Vehicle Act.  These Prohibition Letters are issued as a result of a person having too many driving offences on their driving record. 

The Driver Improvement Program allows for an escalating series of interventions depending on how many points are on a person’s driving record.  Detailed charts can be found in the Driver Improvement Program Policies and Guidelines (which can be found here 

Essentially, if you incur over 14 points in a two-year period as a Class 5 driver, you will receive a letter that RoadSafetyBC will be prohibiting you from driving.  Alternatively, if you are found guilty of more than one high risk driving offence in a 12 month period, you will also be looking at a driving prohibition (these include using an electronic device while driving, excessive speeding, driving without due care and attention, and driving without consideration). 

As a class 7 driver, if you incur more than 3 points or even one high risk driving offence, RoadSafetyBC will seek to prohibit you from driving. 

You have received the letter, now what?

After receiving either a Notice of Intent to Prohibit or a Notice of Prohibition you have the option at any point to write a letter (with a $100 application fee) to request a review of your driving prohibition.  The Notice of Intent letter will give you 21 days to submit a review.  If you submit a letter during this period, the decision to prohibit you will be suspended until a final decision is made.  If you do not send a letter, or your submission is rejected, you will receive a second letter, the Notice of Prohibition.  You can submit a second review or your first review after receiving the Notice of Prohibition but it will be outstanding.  This means that ICBC can cancel your license or a police officer can personally serve you with the prohibition (starting it immediately) if you do not acknowledge the prohibition by signing it or turning your license into an ICBC office. 

RoadSafetyBC has several options on a review of driving prohibition: they can uphold the prohibition, reduce it in duration (in whole months generally) or cancel the prohibition altogether.  There can be no special exceptions for use of the license (such as work use only). 

There are many considerations that are included in a submission to review a driving prohibition.  Hardship alone will not result in a driving prohibition being cancelled! Even if you will lose your job, RoadSafetyBC can and will uphold a driving prohibition.  RoadSafetyBC will look at your driving record, the hardship a driving prohibition would cause and consider factors included in their policies and guidelines.  We are very experienced with drafting these submissions and how factors are considered and weighed by RoadSafetyBC.  We have drafted hundreds of submissions and are able to tailor a submission that includes your personal circumstances to get the best result possible.  Often, we are even able to assist clients by submitting a second successful review for someone after the initial review they submitted on their own failed. If you are facing a driving prohibition in BC please contact us for assistance

0
Personal Injury Lawyer

Filkow Welcomes A New Criminal Defence Lawyer

Filkow Law welcomes its newest criminal defence lawyer, Jacqueline Halliburn.

 Ms. Halliburn comes to us from Thompson, Manitoba, the crime capital of Canada, where she spent the last three years as a Crown Prosecutor.

She specialized in the prosecution of child abuse matters and serious violent crime. Accordingly, Ms. Halliburn knows exactly how the Crown thinks when they are prosecuting violent crime, particularly sexual assault, child abuse and pornography, and young offenders.

 With her extensive experience in negotiations, bail and sentencing hearings, and trials at all court levels, we are excited to have her bring her unique perspective to the firm. If you have a case that falls under Ms. Halliburn’s specializations please contact us

1
IRP charges

Fighting an IRP

Since September 20, 2010, the Immediate Roadside Prohibition (IRP) regime largely replaced the judicial process in the field of drinking and driving offences. In another words, most drinking and driving cases do not involve appearing in Court. In British Columbia, the police issue an IRP and submit a report to the Superintendent of the Motor Vehicles. There are seven days to dispute the IRP. The review process takes place in written or oral format before an adjudicator in Victoria.

The penalties are severe and swift. Those who the police report blew a “fail” or “refuse to blow” will immediately lose their driver’s licences for 90 days. In addition, the vehicle they were driving is impounded for 30 days. There are also significant requirements for participation and completion of the Responsible Drivers Program and the Interlock Ignition Program. There are also significant financial consequences including the towing and storage fees for the impounded vehicle and the costs of required programs. An IRP also means a serious alcohol related offence on one’s record which can carry lasting negative consequences.

The area of drinking and driving is very specialized and the issues are technical and can be quite complicated. What would be relevant in a criminal case may be very different than what is important on an IRP review.    

Filkow Law is a leading authority and expert on IRPs  and all drinking and driving offences. This area of the law is highly specialized. If you receive an IRP or other drinking and driving offence, please contact 604-558-8778 for legal assistance.

0
richmond's best lawyer

Filkow Law Voted Richmond’s Best Lawyer Again!

Filkow Law is pleased to have been voted 2017 Richmond’s best law firm by Richmond News. Filkow Law was also voted the 2016 Richmond’s best law firm. The lawyers at Filkow Law specialize in Criminal charges, Driving cases, ICBC and Car Accident cases. Mr. Filkow, his associates and team have been serving a diverse community in the Richmond area for over 20 years. The lawyers and staff at the firm also speak Mandarin, Cantonese, Punjabi, Hindi, Korean and German.

Filkow Law is a highly respected firm with over 25 years of experience.

Filkow Law looks forward to continuing to deliver excellent outcomes for its clients. Please do not hesitate to contact any of the lawyers at the firm at 604-278-8100

0