In a recent Supreme Court of BC decision referenced as Krepski v Valenciano, 2023 BCSC 2089 (CanLII) the test for failure to mitigate is discussed and referenced from a prior decision Quigley v Jonsen, 2019 BCSC 1812 (CanLII), which states: [30] The defendants must prove that the plaintiff has acted unreasonably in not acquiring […]
Read more "Failure to Mitigate leads to 10% Reduction"A very recent decision from the Civil Resolution Tribunal in BC reviews whether a shoulder injury sustained by the Applicant is deemed to be a “minor injury.” The CRT was asked to review and rely on the Sparrowhawk v. Zapoltinsky, 2012 ABQB 34 for determining whether an injury results in a “serious impairment” under Alberta’s […]
Read more "Determination: Minor Injury v. Serious Impairment"A recent 2023 decision Donaldson v Grayson, 2023 BCSC 1675 (CanLII) outlines the legal principles relating to the assessment of cost of future care. The award for costs of future care was significant – $208,000. There were also multiple objections raised by the defence in relation to cost items, some of which were accepted by […]
Read more "Awards of cost of future care"A recent decision published October 3, 2023 highlights the principles governing future loss of income claims and earning capacity, which is noted below. This case provides a good review of the principles. The case is Searle v Xie, 2023 BCSC 1716 (CanLII). Future Loss of Income-Earning Capacity [140] The Court of Appeal has discussed the principles […]
Read more "Principles Governing Loss of Earning Capacity"Case link noted below. The Plaintiff in this action was brutally assaulted and commenced this action in tort after the Defendant was found guilty of assault and confinement. The Judge found the Plaintiff to be credible and reliable at trial. We have written multiple articles on the topic of credibility and reliability of a Plaintiff/Witness […]
Read more "Assault Case leads to high award"We are enumerating information below outlining the distinction between cardiologists, cardiac surgeons and cardio-thoracic surgeons. We have also noted the common types of conditions that each medical discipline manages and they types of tests conducted. The links to the sites are also noted below for reference. Cardiologist – a cardiologist receives medical training and can […]
Read more "Cardiologists, Cardiac Surgeons and Cardio-thoracic Surgeons"When are “functional” and “vocational” services helpful? According to several decisions, we are sharing the following extracted information regarding these two assessments, which often go hand-in hand: Functional capacity evaluation (“FCE”) will provide objective data for assessing a Plaintiff’s current physical functionality; FCE will identify functional limitations; FCE will identify whether the injuries will prevent […]
Read more "Functional Capacity Evaluations and Vocational Assessments"This is a Defence application pertaining to Questionnaires of an IME. There are a few points of consideration that were identified in this application that we will enumerate below. The issue between the parties in this application pertained to the Questionnaires. The Court made an Order that the Questionnaires were appropriate. We will also quote […]
Read more "Questionnaires of an IME, Points to consider"We will review a “No evidence” application to the Court by the Defendant in this recent decision. The question to be determined is whether expert evidence is required to prove a standard of care and breach of a standard of care? There are differing views on this important question and our article today will review […]
Read more "Is Expert Evidence required to prove a breach of the Standard of Care?"We will review the Supreme Court of Canada decision that explained why adjustments on awards are made as it relates to interest and income tax that may accrue on awards and why “tax gross up” comes into play. This is a simple explanation extracted from the case law: earnings on the capital awarded are subject […]
Read more "SCC Decision “Tax Gross Up”"