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 […]
Read more "Privilege – Dominant Purpose Test"As the weather warms, these are the type of cases we see more of which is quite unfortunate. It is very important for all drivers to be vigilant and cautious as more and more cyclists use our streets. Most impacts between a cyclist and vehicle do not end well for the cyclist, and injuries may […]
Read more "Liability trial: Cyclist v. Vehicle / Evidence"The focus of this article is on the importance of collateral witnesses and this is a very interesting case to read. The Defendant says “the plaintiff has lied about her ongoing pain, for which there is no medical explanation.” It is often a defence tactic we are all aware of. To attack the credibility and […]
Read more "Credibility – Collateral Witnesses"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 […]
Read more "Experts in Vehicle Actions"Collateral Witnesses This article will go over the importance of collateral witnesses / lay witnesses and look at a number of decisions that will give us some important information on what to be aware of when seeking and preparing collateral testimony. The key point of a collateral witness is to comment on their observations regarding […]
Read more "Compelling Evidence: Collateral Witnesses"Cost of Future Care – Medical Cannabis Let’s review a recent decision in which a medical cannabis program was deemed medically justified and reasonable, and resulted in the Court awarding $12,000 for cost of future care, after reviewing all the negative contingencies that were relevant in this case. The case is referenced as: Carillo v. […]
Read more "Cost of Future Care – Medical Cannabis"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"