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 […]

Supplementary Report of Own Expert

BCSC Rule 11-6(6) deals with the supplementary report of own expert. Are you familiar with this rule? If not, we will share a few details that you should be aware of. Let’s begin with the actual Rule 11-6(6) which states the following: Supplementary report of own expert (6) If, after an expert’s report is served […]

Use of medical records at trial – Review

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 […]

Timing Matters – Independent Medical Examinations

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 […]

Central Sensitivity Syndromes – Learn More about CSS

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 […]

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 […]

Loss of future earning capacity – Arguments for and against

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 […]

Production of pre-mva records – what you need to know

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 […]

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 […]

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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