This recent BC Court of Appeal decision in Chand v. Southern Railway of British Columbia Limited, 2018 BCCA 41 (CanLII), concerns a finding from the lower court that the driver of a van (Mr. Chand) who collided with a railway was not held contributorily negligent even though he plead guilty to a regulatory fine and […]
Read more "BCCA dismisses appeal / Liability Finding / Contributory Negligence"In a legal action in which complex injuries are involved, it is often necessary to seek multiple expert opinions from various specialties to assist with seeking opinions on the diagnosis and prognosis of the injured Plaintiff. A recent case in Tabah v. Bress, 2018 BCSC 185 reviews the legal principles that are to be considered […]
Read more "Properly and Necessarily Incurred Disbursements – The Principles to Consider"Johal v. Singh, 2017 BCSC 2431 Defence counsel in this case applies for an Order that the Plaintiff attend a Functional Capacity Evaluation with an Occupational Therapist, Timothy Winter. Injuries claimed: Neck Shoulder Back Right Arm Right hand Left leg Depression The Plaintiff claims permanent physical disability, past and future loss of housekeeping and past […]
Read more "The Test – Equal Footing As it Relates to an IME / Successful Defence Application"In Bucholz v. Bevan, 2017 BCSC 2377, the Plaintiff, including a third party, apply to Court to have the trial proceed with a Judge alone. The relevant Rule is 12-6(5) Court May Refuse Jury Trial: (5) Except in cases of defamation, false imprisonment and malicious prosecution, a party on whom a notice under subrule (3) […]
Read more "Successful Arguments that a Trial Should be Heard by Judge Alone"This is a heart wrenching case of a 21 year old involved in a horrific car crash. The Case is Wilhelmson v. Dumma, 2017 BCSC 616 (CanLii). A claim for damages is made for loss of interdependency, which is the topic of this post. The test for loss of interdependency is stated “has the plaintiff […]
Read more "The Test and Analysis for Loss of Interdependency"I am co-chairing the third annual Paralegal Conference with the TLABC and BC Paralegal Association, together with my co-chair Dee Rogers. Date, Time & Location: Wednesday 7 March 2018, Pan Pacific Hotel 999 Canada Place Way, Vancouver. The seminar runs from 9:00 am – 5:00 pm. Course Details: This professional development seminar will inspire every paralegal, […]
Read more "Paralegal Conference: The Aspiring & Inspiring Paralegal, Professional Development & Leadership"Although each case will need to be considered on its own facts to determine an appropriate range of damages, a recent decision in Sdrakas v. Dawe-Cook, 2017 BCSC analyzes the issue of causation and whether the Plaintiff sustained a right shoulder injury, and more specifically a rotator cuff tear, as a result of the motor […]
Read more "2017 Quantum for a Rotator Cuff Injury – $110,000"A recent decision William v. Ross, 2017 BCSC 2200 provides an analysis of fault as it relates to a pedestrian / car crash. Below are some of the relevant facts you will need to outline for the Court: Where was the pedestrian prior to the crash; Where was the pedestrian walking; Was the Pedestrian carrying […]
Read more "Analysis of Fault / Pedestrian Collisions"Awareness is Key As per the BC Injury Research and Prevention Unit, there are a number of statistics and facts in relation to motor vehicle collisions in the Province of British Columbia, which are enumerated below: Occurrence The majority of motor vehicle collisions involve injury to occupants, yet many motor vehicle-related injuries can occur among […]
Read more "BC Crashes – Stats & Facts"A short leave application brought by the defence in O’Callaghan v. Hengsback, 2017 BCSC 2182 to compel the Plaintiff to attend a defence psychiatric IME is dismissed by Master Baker. The basis for the denial is that the matter was not deemed urgent and furthermore, the Court agreed with the Plaintiff who took the position […]
Read more "A Message to the Profession – Short Leave Applications"