This case is a Supreme Court of Canada decision referenced as Moore v. British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360. We have seen this case referenced in complaints alleging discrimination in employment on the grounds of physical disability. As quoted from the “Moore” decision: On appeal from the Court of Appeal […]
Read more "Discrimination on the ground of physical disability"Aneurysm, subarachnoid hemorrhage, vasospasm and stroke – a closer look. We have seen several cases in the Courts across Canada dealing with medical malpractice claims analyzing the issue of standard of care and causation relating to aneurysms and resulting stroke. Today we will share a few facts about this type of brain bleed. Typically symptoms […]
Read more "Analyzing Aneurysms & Stroke"Have you assessed claims involving the new definition of “minor injury” in Alberta as documented under the Minor Injury Regulation, Alta Reg 123/2004? It is important to review the new regulations and also review the format of analysis. A recent decision referenced as Jackson v Cooper, 2022 ABKB 609 (CanLII) reviews “chronic pain” under the […]
Read more "Minor Injury Regulations, Alberta"Past and Future Loss of Earning Capacity/Loss of Competitive Advantage Our article today will focus on the issue of loss of earning capacity (past and future) and loss of competitive advantage, which is before the Courts in this recent decision from the Court of King’s Bench in Alberta. This key issue in this case is […]
Read more "Past and Future Loss of Earning Capacity / Loss of Competitive Advantage"This is a 2022 case that resulted in the maximum award under the heading of non-pecuniary damages in the sum of $414,000 due to the resulting catastrophic injuries. The Plaintiff was 48 years old at the time of this very unfortunate incident, living on her own, and operating a business from her home as a […]
Read more "Life expectancy in catastrophic cases"The legal principles that are often raised at trial when the opinion of an expert is being challenged based on reliance of inaccurate facts are outlined in two leading authority from the Supreme Court of Canada. They are R. v. Abbey, 1982 CanLii 25 (SCC) and R. v. Lavallee, 1990 CanLii 95 (SCC). These cases […]
Read more "Facts relied on or assumed – SCC cases to be aware of"The anticipated decision from the BCSC in regards to the capped disbursements relating to personal injury actions arising from motor vehicle collisions in British Columbia has finally been released and published today on the BCSC website and has been deemed “of no force or effect”. The simple conclusion: I declare that s. 5 of the […]
Read more "Capped disbursements – “of no force or effect”"In 2018, I researched over a hundred cases on the topic of Summary Judgment and Summary Trial to learn and understand all there was to know about this very important process. I spent 5 months researching and over 20 pages of writing. It is a paper I am proud of and sadly to say, I […]
Read more "Summary Trial – A Comprehensive Review"BCSC Rule 11-6(6) deals with the supplementary report of own expert. Are you familiar with this rule? If not, we will share a few details that you should be aware of. Let’s begin with the actual Rule 11-6(6) which states the following: Supplementary report of own expert (6) If, after an expert’s report is served […]
Read more "Supplementary Report of Own Expert"In reading multiple personal injury cases, we note the focus must be on the change or impact that an injury has on a claimant when presenting a case. This article will identify the importance of collateral witnesses and offer some guidance in preparing witnesses for trial, and specifically the type of evidence that may be […]
Read more "Evidence – Collateral Witnesses"