A recent decision provides an excellent discussion on assessing past and future loss of earning capacity. This is a case with no liability issues (two rear-end collisions) and the only issue is quantum of damages. Here are the two legal theories theories, as quoted from the decision (case link is below): [4] The plaintiff complains […]
Read more "2024 PAST AND FUTURE LOSS OF EARNING CAPACITY"A recent published decision identifies a number of cases involving chronic pain cases. The case is referenced as Maher v Tsegaye, 2024 BCSC 822 (CanLII). Link is below. These cases show a range of damages that are relevant to the following injuries: chronic back pain, psychological injury, major depressive disorder for the foreseeable future, that […]
Read more "2024 Range of damages – Chronic Pain"Our accredited program Seeking Leave of the Court for Additional Experts reviews three key published decisions from the BC Supreme Court that provide greater comprehension and a good framework of Section 12(1)(5) of the BC Evidence Act relating to Expert Limits. The cases are noted: Vespaziani v. Lau, 2021 BCSC 1224 (CanLII) Raniga v. Kang, […]
Read more "Seeking Leave for Additional Experts – Alberta"In a recent published decision, a Plaintiff is successful in recovering over $217,000. for future costs. This was a case that resulted in serious injuries. The Plaintiff was diagnosed with 3 vertebral fractures (T12 burst fracture, T11 spinous process fracture, L4 endplate fracture), soft tissue injuries to her sternum, chronic pain syndrome with myofascial pain […]
Read more "In-Home Care / Assisted Living"A number of decisions relating to the negligent infliction of mental injury (known as “nervous shock” in older cases) are noted below, extracted from a recent 2023 decision. The 2023 case (link at the end of the article) involved an application brought by the Defendants under Summary Trial to have the claim for “nervous shock” […]
Read more "Negligent Infliction of Mental Injury"Topic: Psychological Injury The case reviews ON Minor Injury Guidelines to determine whether the claimant is entitled to Statutory Accident Benefits. Psychological injuries, if established, fall outside the MIG, because such impairments are not included in the prescribed definition of “minor injuries.” This claim was not accepted for a number of reasons. The applicant had […]
Read more "Psychological Injury"On December 20, 2023, the Federal Court posted Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence. The publication enumerates a number of principles and guidelines that the Federal Court will comply with, which is noted in today’s article. We also highlight a decision of the Court referenced as Haghshenas v. Canada (Citizenship […]
Read more "Artificial Intelligence in Law"2023 Year in Review: Thankful for all of our mentors this year. Professional Development was a highlight for us in 2023. We wrote over 40 legal articles and developed and chaired seven accredited professional courses involving high-level speakers that offered their valuable time to educate all of us. Thank you to all the medical experts […]
Read more "2023 Year in Review"There are more changes in British Columbia being legislated. To provide you with a brief history for a better comprehension, I will enumerate my article to market on the history here: The government attempted to cap disbursements to 6% of the amount awarded as compensation. Eg: If a case was awarded 100,000 in damages, the […]
Read more "6% Cap on Disbursements"A recent decision reviews arguments from both counsel on whether this case falls under thin skull or crumbling skull principles. Liability was not admitted but was not a true issue here. The MVA occurred when the Plaintiff’s vehicle was rear ended while stopped at a stop sign. “The only issues argued before me at trial […]
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