This is an important decision from the Court of Queen’s Bench of Alberta referenced as Jones v. Stepanenko, 2016 ABQB 295 (CanLII). The Plaintiff in this case was 19 years of age. She was involved in a serious collision when she was rear-ended by an SUV, causing 12,000 damage to the Defendant vehicle. The Plaintiff’s […]
Read more "“Minor Injury”, “Serious Impairment” and “Fibromyalgia” Learn More!"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 […]
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