In the decision of Noori v. Huges, 2018 BCSC 965 an argument of failure to mitigate is raised that the Plaintiff’s claim should be reduced by 15%. Although the mitigation argument was not successful, it is interesting to take some notes on this case. The evidence showed that the Plaintiff failed to attend physiotherapy for […]
Read more "The impact of impecuniosity and failure to mitigate"This is a chambers application brought by the Plaintiff to oppose the admissibility of the defence medical-legal report of Dr. Trump, an orthopaedic surgeon. The case is referenced as Oberholtzer v. Tocher, 2018 BCSC 821. Objections Report is not necessary To determine the necessity of a report, we need to interpret the word “necessity” which […]
Read more "Objections to the admissibility of a medical-legal report"Today’s post will review the award under the heading: cost of future care. We will highlight the arguments raised by the defence in this case as it is a useful exercise to be aware of them. The test is as quoted in this decision Harry v. Powar, 2017 BCSC 2618 (Judgment date: May 16, 2018): […]
Read more "Cost of Future Care – Arguments to Reduce Items Claimed"The Plaintiff in Fabian v. Song, 2018 BCSC 762 suffered mild to moderate soft tissue injuries including psychological injuries and was awarded $70,000 for non-pecuniary damages. The Plaintiff’s injuries impacted his employment as a full-time painter. However, the evidence also confirms that the year following the collision of Feb. 2013, the Plaintiff’s symptoms improved significantly. […]
Read more "Causation as it relates to psychological injury – $70,000 awarded"The Plaintiff in today’s decision Noftle v. Bartosch, 2018 BCSC 766 was awarded $1,194,410 for injuries sustained in a collision which significantly impacted her life. This case is an example of how chronic pain can lead to psychological injury that can significantly impact one’s life. In this case specifically, the Plaintiff was once considered to […]
Read more "$170,000 non-pecuniary damages for chronic pain / psychological injury"Reviewing the posted decisions from a chambers application provides value in increasing your knowledge of the Rules and strengthening your critical thinking and analytical skills. The Order being sought in this case is pursuant to Rule 7-2 Examination for Discovery, specifically Rule 7-2(5) and 7-2(3). This hearing went before the Honourable Madame Justice Burke. The […]
Read more "Rule 7-2 Examinations for Discovery"This is an interesting case which involves a claim for personal injury following a motor vehicle collision which occurred in Vancouver on March 4, 2009. The case is referenced as Kirby v. Loubert, 2018 BCSC 498. The Plaintiff in this case, who was 50 years of age at the time of the collision, was travelling […]
Read more "Cost of future care – Medical Marijuana"In today’s post, a Plaintiff is awarded $100,000 non-pecuniary damages for injuries sustained in a severe rear-end collision. The decision is referenced as Vine v. Taylor, 2018 BCSC 493. The Plaintiff, who was 34 years old at the time of the collision dated July 4, 2018, had a pre-existing moderate substance use disorder. However, post […]
Read more "$100,000 for worsening of pre-existing moderate substance use disorder"In Barlow v. Waterson, 2018 BCSC 483, an application is made to the court by the Plaintiff to add a party as a Defendant to an existing action. In order to succeed in seeking such an Order, there must be a question or issue between the Plaintiff and the proposed Defendant that relate to the […]
Read more "Adding a Party"The rescuer doctrine was raised in Passerin v. Webb, 2018 BCSC 289 (CanLII). This case involved a negligence case against the Defendant Webb, who was thrown off his snowmobile, causing it to be a “run-away” machine which struck the Plaintiff, Mr. Passerin, causing serious injury. This case involves a group of friends who were snowmobiling […]
Read more "The Rescuer Doctrine"