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 […]
Read more "Rule 9-7 (5) Evidentiary Criteria / Summary Trial Review Series"Summary Trial Rule 9-7 – Suitability Factors to Consider The Summary Trial review continues on Case Law Corner. Once the court has found that there are sufficient facts necessary to decide on the issues, it must then be determined whether it would be “unjust” to grant judgment (Rule 9-7(15)). The court will consider a number […]
Read more "Summary Trial Review – Suitability Factors to Consider"In Hein v. Linge, 2018 BCSC 1203 the law is outlined as it pertains to subsequent Independent Medical Examinations. The defence in this case was the applicant seeking a subsequent IME, which was dismissed with costs in the cause. It is noted that the Judge has discretionary authority to determine whether a subsequent Independent Medical […]
Read more "Principles as it relates to subsequent Independent Medical Examinations"There is alot to learn about Rule 9-7 (11). Let’s begin! Rule 9-7 (11) On an application heard before or at the same time as the hearing of a summary trial application, the court may (a) adjourn the summary trial application, or (b) dismiss the summary trial application on the ground that (i) the issues raised by […]
Read more "Summary Trial Review – BCSC Rule 9-7 (11) / Preliminary Suitability Hearing"In this recent hearing referenced as Clubine v. Paniagua, 2018 BCSC 1076 brought by the Defendant, the Plaintiff is faced with costs consequences for failing to accept what is deemed to be a “reasonable offer” proposed by the Defendant pursuant to Rule 9-1 of the BCSC Civil Rules. The Defendant made several offers. The Plaintiff […]
Read more "After the Event Insurance – A factor that weighs against costs"Rule 9-7 of the Supreme Court Civil Rules A review of Rule 9-7 (Civil rules) / or the parallel Rule 11-3 (Family rules) should be undertaken in its entirety, although this review series will only refer to key sections of Rule 9-7. One of the considerations that must be analyzed when proceeding with a Summary […]
Read more "Summary Trial BCSC Rule 9-7 (2) & (15)"This recent decision referenced as Godbout v. Notter, 2018 BCSC 1043 involved a horrific crash on a highway (Highway 1). Liability was denied and therefore, this case offers a good analysis on the assessment of liability, and specifically the details of the crash, expert evidence and the Court’s analysis and conclusion on the issue of […]
Read more "Liability Analysis -“Common sense is the best approach”"The Importance of Proportionality The principle of proportionality and efficiency is often discussed and considered in summary trial applications. The principle of proportionality speaks to access to justice, which was further highlighted in the Supreme Court of Canada decision referenced as Hryniak v. Mauldin, 2014 SCC 7. The Hryniak decision was an appeal from a […]
Read more "Summary Trial Review – Hryniak v. Mauldin, 2014 SCC 7"In this recent hearing, the Plaintiff was successful in an Order of double costs against the Defendant. The trial had proceeded in November 2017 and judgment was delivered on March 27, 2018 referenced as Vine v. Taylor, 2018 BCSC 493. The Court concluded that the offer made by the Plaintiff ought to have been accepted […]
Read more "Double Costs / Punitive measure for failure to accept offer to settle"Today’s post focuses on the defence of failure to mitigate, which we see being raised by the defence in most matters that go before the Courts. It is always useful to review these cases and see how the court analyzes this legal issue. The case is cited as McGonigle v. Parada, 2018 BCSC 1017. The […]
Read more "Mitigation / Considerations of the Plaintiff’s circumstances"