Joint Experts – Considerations

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 […]

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Privilege – Dominant Purpose Test

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 […]

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Experts in Vehicle Actions

Under BC Supreme Court Rule 11-8 Experts in Vehicle Actions, there is a limitation in the number of experts that may be retained in a vehicle action.  The limit under Rule 11-8 is 3 experts that may provide expert opinion evidence on the issue of damages at trial, and only 1 report from each of […]

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The Automobile “Black Box”

This article will provide information regarding the black box which is extracted from an automobile (car, SUV or pick-up truck) after a crash.  Most cars will have what is commonly referred to as a “black box” also referenced as: Event Data Recorder “EDR” Crash Data Recorder Airbag Control Module What data does the black box […]

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Agony of Collision Doctrine

Agony of Collision This post will identify a number of cases that have plead the doctrine of agony of collision, including a few 2018 decisions. Let’s begin by asking the question:  What is the agony of collision doctrine? A 2018 decision referenced as Owen v. Folster, 2018 BCSC 143 describes the doctrine of agony as […]

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