Agony of Collision This post will identify a number of cases that have plead the doctrine of agony of collision, including a few 2018 decisions. Let’s begin by asking the question: What is the agony of collision doctrine? A 2018 decision referenced as Owen v. Folster, 2018 BCSC 143 describes the doctrine of agony as […]
Read more "Agony of Collision Doctrine"This article will visit the topics of causation and intervening events, including the applicable law. When an “intervening event” occurs in a personal injury matter, it may break the chain of causation. Take note that intervening events must be carefully analysed as they will create a negative contingency on a file. Damages will certainly be […]
Read more "Causation / Intervening Events – The Applicable Law"It is quite remarkable to look back and think there was such a time. But here is evidence of that. I wanted to share this decision. It’s a reminder that progress is always possible. The journey continues. As quoted from this decision: Re SECTION 24 OF THE B.N.Α. ACT. Judicial Committee of the Privy Conncil, Lord […]
Read more "1929 decision: Appeal Allowed “Women are eligible” to become members of the Senate"Pre-existing conditions need to be analyzed carefully. The Plaintiff has the onus of proving his/her claim. When dealing with liability and fault, all the Plaintiff needs to prove is that on a balance of probabilities the defendants’ negligence caused or materially contributed to an injury. Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 13-17. This […]
Read more "Pre-existing anxiety, depression, PTSD and sleep disturbance"Summary Trial Documentary Evidence – Examination for Discovery Be sure to review and familiarize yourself with the relevant Rule 7-2 – Examinations for Discovery. The purpose of this post relates to the use of evidence derived from an Examination for Discovery for the purpose of a Summary Trial application. The relevant rule that governs the type of evidence […]
Read more "Summary Trial Documentary Evidence Rule 9-7(5)(c) Examination for Discovery"Interrogatories The governing rule of Interrogatories is noted under Rule 7-3 Discovery by Interrogatories, which should be reviewed. Interrogatories are written questions, given to the other party to answer under oath. You can deliver a list of questions to the other party and they have to provide answers, in the form of an affidavit, within […]
Read more "Summary Trial Documentary Evidence: Rule 9-7 (5)(b) Interrogatories"Affidavit This is not a general article on Affidavits but rather it is specific to Affidavits filed pursuant to Rule 9-7 Summary Trial – to be clear. Let’s begin with an important quotation noted in Sermeno v. Trejo, 2000 BCSC 846: A summary trial must be conducted with the same regard to the rules of pleading […]
Read more "Summary Trial Review Series – Affidavit Evidence Rule 9-7(5)(a)"Credibility and reliability of the Plaintiff’s Evidence A tactic often used at trial is to diminish the credibility of a witness. In reviewing case law on this specific issue, it identifies a few steps you can take with your clients to carefully prepare them for trial. In addition to that, there is a very worthy […]
Read more "Credibility and reliability of the Plaintiff’s Evidence"Expert Selection / Disbursements Expert selection is of paramount importance. Reviewing the injuries of the Plaintiff and determining which specialty is required to assist counsel and the court with a better understanding of the Plaintiff’s injuries, diagnosis and prognosis is a task for your counsel. Occasionally, you may be faced with a costs application to […]
Read more "Expert Selection / Disbursements"Evidentiary Criteria Rule 9-7(5) The evidence relied on in a Summary Trial hearing is by written evidence. This is likely the most important aspect of a summary trial application – the evidence that is adduced for presentation at the hearing. This evidence is going to be carefully reviewed by the Court to determine the following (which […]
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