Functional Capacity Evaluations and Vocational Assessments

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 […]

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Video Deposition

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 […]

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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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