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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Document Disclosure Principles

This case provides a great overview of the principles for document disclosure.  McLeod v Balakrishnan, 2018 BCSC 908 (CanLII) `The principles to be considered on applications for document disclosure were summarized in Marsh Canada Limited v. BFL Canada Insurance Services Inc., 2014 BCSC 1171, beginning at para. 65: [65]      The Rules provide a two-tier process […]

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Rule 7-2 Examinations for Discovery

Reviewing the posted decisions from a chambers application provides value in increasing your knowledge of the Rules and strengthening your critical thinking and analytical skills. The Order being sought in this case is pursuant to Rule 7-2 Examination for Discovery, specifically Rule 7-2(5) and 7-2(3). This hearing went before the Honourable Madame Justice Burke.  The […]

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