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”"This article will focus on seeking funding for sleep studies in mild traumatic brain injury cases. Each Province will have specific regulations for accident benefits. This article will reference BC Legislation, INSURANCE (VEHICLE) REGULATION, [Last amended March 5, 2020 by B.C. Reg. 48/2020] – Part 7 — Accident Benefits. We will then go into specific […]
Read more "Sleep Studies"In a recent decision in British Columbia, published April 11, 2023 and referenced as Pidwerbesky v Brunetti, 2023 BCSC 556 (CanLII), we are going to review the future loss of income capacity in which the Court awarded $1,457,193.00 to the claimant under this head of damage. The claim involved a young female Plaintiff who was […]
Read more "Herniated disc results in 1.4 Million for future loss of earning capacity"We will review an Alberta Court of King’s Bench decision, published on March 14, 2023 referenced as Couch v Olatiregun, 2023 ABKB 104 (CanLII). This was a case involving a rear end collision which occurred on April 13, 2017. The Defendant, who was unrepresented, and did not attend the trial, was found 100% at fault […]
Read more "Minor Injury Assessment in Alberta"Today’s article will go over Carpal Tunnel Syndrome, Thoracic Outlet Syndrome, Myofascial Pain Syndrome and Double Crush Syndrome. First, we will briefly review some of the nerves that may be impacted in either carpal tunnel syndrome, thoracic outlet syndrome and myofascial pain syndrome for a better understanding of how and/or why these conditions come to […]
Read more "Carpal Tunnel Syndrome, TOS, Myofascial Pain Syndrome and Double Crush Syndrome"REGISTER NOW! Join us for a complimentary Professional Development webinar series. PART I: EVIDENTIARY RULINGS ON THE ADMISSIBILITY OF EXPERT EVIDENCE Thursday, February 23, 2023 12:00pm PST/1:00pm MST This program will offer a comprehensive review of several published decisions that define and provide clarity on the topic of admissibility relating to expert evidence at trial. […]
Read more "Two Part Medical-Legal Series"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"