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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]