The Courts have commented that many inadequate Notices of Application have been presented in chambers.  Careful drafting is required in completing the “Legal Basis” as this section is often found to provide inadequate analysis. This post is a reminder that careful attention is required when preparing your application materials.  It will also outline a few […]

Read more "Notice of Applications – The Courts’ Expectations"

When applying to Court to adjourn a scheduled trial date, be aware of the factors the Court will consider. These factors were recently reviewed in Negus v. Yehia, 2017 BCSC 1822.  As noted in this decision: The law is not in issue. Both parties referred me to the decision in Navarro v. Doig River First […]

Read more "Adjournment of a Trial – Factors to Consider"

In Bye v. Newman, 2017 BCSC 1718 (CanLII) the Plaintiff claims personal injury when his ATV and a friend’s ATV collided, causing the Plaintiff serious injury requiring a through-knee amputation of much of his left leg. It is an interesting decision in which liability is disputed and both parties have different accounts of what happened.  […]

Read more "The Law As it Pertains to “critical testimony adduced through leading questions”"

This is a review of the law as it pertains to “testamentary capacity”.  The test for testamentary capacity is reviewed in instances when a last will and testament of a party is being challenged.  Arguments may be raised that the person who prepared the will did not have the capacity to do so due to […]

Read more "The test for “Testamentary Capacity”"

A negative contingency that is often discussed in a personal injury claim is when a Plaintiff fails to mitigate.  The deduction for a successful argument by a Defendant that the Plaintiff has failed to mitigate their damages falls within the range of 10% to 40% based on my review of multiple recent decisions. It is […]

Read more "“Reasonableness, not Perfection” when Assessing Mitigation"

This recent decision referenced as Bains v Gret’s Projects Inc., 2017 BCSC 1530 (CanLII), provides us with a review of the law as it pertains to the “Earnings Approach” vs. the “Capital Asset Approach”. The Plaintiff in this case, who was 27 years of age at the time of the collision which occurred on May […]

Read more "The “Earnings Approach” vs. The “Capital Asset Approach”"

In Fillingham v. Big White Ski Resort Limited, 2017 BCSC 1702 the Plaintiff suffered serious injuries including a broken leg after skiing on Big White Mountain, having taken a short cut off the mountain, in which the Defendant failed to rope the area closed, causing the Plaintiff to fall off a 10 foot cliff, causing […]

Read more "Exclusion Clause Absolves Full Liability in Ski Accident"

This post will focus on Norwich Pharmacal Orders Rule 7-1(18) provides that if a document is in the possession or control of a person who is not a party of record, the court, on an application brought on notice to the person and the parties of record, may make an order for either the production, […]

Read more "Norwich Pharmacal Orders – An Equittable Bill of Discovery"

Currently, it has become increasingly common to serve parties to a legal action by alternative methods of service through social media channels such as email, Facebook or other forms of social media.  This specific type of Order was successfully sought in Burke v. John Doe, 2013 BCSC 964. Rule 4-4 of the BCSC Civil Rules […]

Read more "Rule 4-4 Alternative Methods Of Service – Social Media Channels"