Successful Appeal – Admissibility of Expert Evidence – SCC “Abbey” & “Lavallee” Part 2

Tambosso v. Homes, 2016 BCCA 373 (CanLII) In our prior post, we looked at the trial decision in “Tambosso” and highlighted the importance of reviewing and analyzing the facts of your case carefully, including any contradictions or conflicts that may exist in the evidence. We reviewed the legal principles outlined in the two Supreme Court […]

Admissibility of Expert Evidence – SCC Decisions “Abbey” & “Lavallee” Part 1

FAMILIARIZE YOURSELF WITH YOUR EVIDENCE A discussion on R. v. Abbey, 1982 CanLII 25 (SCC) and R. v. Lavallee, 1990 CanLII 95 (SCC) The process of preparing and building your evidence for trial begins in early stages of litigation. Let’s discuss some basics: FACTS The facts of your case should be well known to you. […]

Forfeiture of Insurance – Willfully False Statements & Breach

For any new driver that has a Learner’s Licence, this is a good decision that brings awareness to the consequences that may occur if you breach the provisions of your insurance policy and licence and the unfortunate consequence of making a willfully false statement to an insurer when reporting a claim. The result of such actions may […]

Rule 9-1 Cost Consequences and Formal Offers

In Granja v. Jozsef, 2017 BCSC 1087 the Court reviews Rule 9-1 of the BC Supreme Court Civil Rules which offers a provision in which a party may be exposed to cost consequences in the event a formal offer to settle is made, but rejected. Legal Framework [10] Rule 9-1 of the Rules provides a […]

Managing Notices, Limitation Deadlines and Timelines

This post will review the topic of Managing Notices, Limitation Deadlines and Timelines & The Test for Withdrawal of Admissions to a Notice to Admit Did you know in the last five years, a total of 1,043 lawyers have reported claims and potential claims to the Lawyers’ Insurance Fund because of a missed limitation deadline […]

An Introduction to Summary Trial – BCSC Rule 9-7

Summary Trial – Introduction A brief history is not only interesting, but helpful to understand the creation of Rule 18A, which is now referenced as Rule 9-7 of the BC Supreme Court Civil Rules. To begin, we want to ensure we understand the difference between Rule 18 Summary Judgment (now referenced as Rule 9-6) in […]

Wrongfully Dismissed Without Having Worked a Day

In Buchanan v. Introjunction Ltd., 2017 BCSC 1002 the Plaintiff is successful in proving that he was wrongfully terminated from his employment and is therefore entitled to damages. This is an interesting case as the Plaintiff’s employment was terminated by the Defendant shortly after an employment contract was executed, but prior to the Plaintiff having […]

Contempt of Court – $17,500.

In Lalli v. Grewal, 2017 BCSC 983 the Plaintiff was found in contempt of court for failing to comply with an Order made Nov 10, 2015 wherein the Honourable Mr. Justice Harvey directed both parties to attend before Dr. Michael Elterman for the purpose of attempting a reconciliation between the Respondent and his son. The […]

Litigating in Slices / Summary Trial

Litigating in Slices – Severance Issues on Summary Trial Severance is often considered by the court in a summary trial application. Rule 12-5 (67) provides the Court with the discretionary authority to determine if severance is appropriate: Trial of one question before others (67) The court may order that one or more questions of fact […]

“Proportionality” in assessing the reasonableness of disbursements. Cadillac v. Buick

Rainville v. Zheng, 2017 BCSC 767 is a hearing that took place on May 9, 2017 in Kamloops, BC before Master R.W. McDiarmid in which an assessment of costs and disbursements takes place. This post will focus on the law that has been referenced in determining proportionality in assessing the reasonableness of disbursements. “The claim […]

Case Law Corner

Review Case Law, Legal Principles and BC Supreme Court Civil Rules

Author: caselawcorner