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"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”"