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 […]
Read more "The Automobile “Black Box”"Arguments are often raised by the Defence that the Plaintiff has failed to mitigate his / her damages and as a result a deduction should follow on the claim. We see that successful mitigation arguments may result in a reduction in the value of the claim by 10 to 50% (although more commonly in the […]
Read more "Failure to Mitigate – Arguments for and against"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 […]
Read more "Agony of Collision Doctrine"This article will visit the topics of causation and intervening events, including the applicable law. When an “intervening event” occurs in a personal injury matter, it may break the chain of causation. Take note that intervening events must be carefully analysed as they will create a negative contingency on a file. Damages will certainly be […]
Read more "Causation / Intervening Events – The Applicable Law"Credibility and reliability of the Plaintiff’s Evidence A tactic often used at trial is to diminish the credibility of a witness. In reviewing case law on this specific issue, it identifies a few steps you can take with your clients to carefully prepare them for trial. In addition to that, there is a very worthy […]
Read more "Credibility and reliability of the Plaintiff’s Evidence"This recent decision referenced as Godbout v. Notter, 2018 BCSC 1043 involved a horrific crash on a highway (Highway 1). Liability was denied and therefore, this case offers a good analysis on the assessment of liability, and specifically the details of the crash, expert evidence and the Court’s analysis and conclusion on the issue of […]
Read more "Liability Analysis -“Common sense is the best approach”"Today’s post focuses on the defence of failure to mitigate, which we see being raised by the defence in most matters that go before the Courts. It is always useful to review these cases and see how the court analyzes this legal issue. The case is cited as McGonigle v. Parada, 2018 BCSC 1017. The […]
Read more "Mitigation / Considerations of the Plaintiff’s circumstances"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 […]
Read more "Document Disclosure Principles"In the decision of Noori v. Huges, 2018 BCSC 965 an argument of failure to mitigate is raised that the Plaintiff’s claim should be reduced by 15%. Although the mitigation argument was not successful, it is interesting to take some notes on this case. The evidence showed that the Plaintiff failed to attend physiotherapy for […]
Read more "The impact of impecuniosity and failure to mitigate"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 […]
Read more "Rule 7-2 Examinations for Discovery"