Unless you are preparing and assisting for trial, the rules as it relates to medical records at trial may not be in the forefront of your mind. Therefore, here is an excellent outline from a very recent decision in 2022 which took place in Victoria regarding the rules and principles as it relates to use […]
Read more "Use of medical records at trial – Review"Timing Matters – Independent Medical Examinations Scheduling IMEs late during the process of litigation is never a good idea. Timing matters. The most important date to be aware of is the expert evidence deadline outlined in Rule 11-6 (3) which directs that an expert’s report must be served on every party of record 84 days […]
Read more "Timing Matters – Independent Medical Examinations"What are central sensitivity syndromes (“CSS”)? CSS are illnesses that are debilitating and very difficult to diagnose for the sole fact that there are no tests that may be administered to conclude a definitive diagnosis. Examples of central sensitivity syndromes are myalgic encephalomyelitis, chronic fatigue syndrome and fibromyalgia to name a few. As per the […]
Read more "Central Sensitivity Syndromes – Learn More about CSS"In this article, we will look at a case that deals with a Defendant’s application to seek a video deposition of their expert under oath before a court reporter prior to the trial of this case and that the said record of the stated deposition be tendered as evidence at the trial. The case is […]
Read more "Video Deposition"This is a case referenced as Singh v Chand, 2019 BCSC 932 (CanLII) that will allow us to review some of the defence arguments put forward in a claim for loss of future earning capacity and pay attention to the details of this case. The Plaintiff in this case, a lawyer, was seeking $4,000,000 in […]
Read more "Loss of future earning capacity – Arguments for and against"We will review the principles relating to the production of pre-mva medical records in a recent decision Fallahpour-Sichani v Harapnuik, 2019 BCSC 2046 (CanLII) and explore the factors that must be considered when such a request is being made by the defence. This will offer a great review and will allow us the opportunity to […]
Read more "Production of pre-mva records – what you need to know"Joint Experts has been a topic of discussion recently in the legal industry, specifically relating to personal injury claims since Rule 11-8 was created limiting the experts in motor vehicle action claims. While joint experts have more commonly been used in family law cases, and even construction cases, rarely have we seen them used in […]
Read more "Joint Experts – Considerations"This article will look at the multiple principles surrounding privilege and will highlight some of the leading authority on this subject in B.C. A recent decision from the BC Supreme Court speaks to litigation privilege and outlines the test. The case is referenced as Canning v Mann, 2019 BCSC 841 (CanLII). The Plaintiff in this […]
Read more "Privilege – Dominant Purpose Test"As the weather warms, these are the type of cases we see more of which is quite unfortunate. It is very important for all drivers to be vigilant and cautious as more and more cyclists use our streets. Most impacts between a cyclist and vehicle do not end well for the cyclist, and injuries may […]
Read more "Liability trial: Cyclist v. Vehicle / Evidence"The focus of this article is on the importance of collateral witnesses and this is a very interesting case to read. The Defendant says “the plaintiff has lied about her ongoing pain, for which there is no medical explanation.” It is often a defence tactic we are all aware of. To attack the credibility and […]
Read more "Credibility – Collateral Witnesses"