Case link noted below. The Plaintiff in this action was brutally assaulted and commenced this action in tort after the Defendant was found guilty of assault and confinement. The Judge found the Plaintiff to be credible and reliable at trial. We have written multiple articles on the topic of credibility and reliability of a Plaintiff/Witness […]
Read more "Assault Case leads to high award"We are enumerating information below outlining the distinction between cardiologists, cardiac surgeons and cardio-thoracic surgeons. We have also noted the common types of conditions that each medical discipline manages and they types of tests conducted. The links to the sites are also noted below for reference. Cardiologist – a cardiologist receives medical training and can […]
Read more "Cardiologists, Cardiac Surgeons and Cardio-thoracic Surgeons"When are “functional” and “vocational” services helpful? According to several decisions, we are sharing the following extracted information regarding these two assessments, which often go hand-in hand: Functional capacity evaluation (“FCE”) will provide objective data for assessing a Plaintiff’s current physical functionality; FCE will identify functional limitations; FCE will identify whether the injuries will prevent […]
Read more "Functional Capacity Evaluations and Vocational Assessments"This is a Defence application pertaining to Questionnaires of an IME. There are a few points of consideration that were identified in this application that we will enumerate below. The issue between the parties in this application pertained to the Questionnaires. The Court made an Order that the Questionnaires were appropriate. We will also quote […]
Read more "Questionnaires of an IME, Points to consider"We will review a “No evidence” application to the Court by the Defendant in this recent decision. The question to be determined is whether expert evidence is required to prove a standard of care and breach of a standard of care? There are differing views on this important question and our article today will review […]
Read more "Is Expert Evidence required to prove a breach of the Standard of Care?"We will review the Supreme Court of Canada decision that explained why adjustments on awards are made as it relates to interest and income tax that may accrue on awards and why “tax gross up” comes into play. This is a simple explanation extracted from the case law: earnings on the capital awarded are subject […]
Read more "SCC Decision “Tax Gross Up”"This article will focus on seeking funding for sleep studies in mild traumatic brain injury cases. Each Province will have specific regulations for accident benefits. This article will reference BC Legislation, INSURANCE (VEHICLE) REGULATION, [Last amended March 5, 2020 by B.C. Reg. 48/2020] – Part 7 — Accident Benefits. We will then go into specific […]
Read more "Sleep Studies"In a recent decision in British Columbia, published April 11, 2023 and referenced as Pidwerbesky v Brunetti, 2023 BCSC 556 (CanLII), we are going to review the future loss of income capacity in which the Court awarded $1,457,193.00 to the claimant under this head of damage. The claim involved a young female Plaintiff who was […]
Read more "Herniated disc results in 1.4 Million for future loss of earning capacity"We will review an Alberta Court of King’s Bench decision, published on March 14, 2023 referenced as Couch v Olatiregun, 2023 ABKB 104 (CanLII). This was a case involving a rear end collision which occurred on April 13, 2017. The Defendant, who was unrepresented, and did not attend the trial, was found 100% at fault […]
Read more "Minor Injury Assessment in Alberta"Today’s article will go over Carpal Tunnel Syndrome, Thoracic Outlet Syndrome, Myofascial Pain Syndrome and Double Crush Syndrome. First, we will briefly review some of the nerves that may be impacted in either carpal tunnel syndrome, thoracic outlet syndrome and myofascial pain syndrome for a better understanding of how and/or why these conditions come to […]
Read more "Carpal Tunnel Syndrome, TOS, Myofascial Pain Syndrome and Double Crush Syndrome"