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"A recent decision William v. Ross, 2017 BCSC 2200 provides an analysis of fault as it relates to a pedestrian / car crash. Below are some of the relevant facts you will need to outline for the Court: Where was the pedestrian prior to the crash; Where was the pedestrian walking; Was the Pedestrian carrying […]
Read more "Analysis of Fault / Pedestrian Collisions"The defence of mitigation has been raised in several recent cases with an argument that the Plaintiff’s damages should be reduced. As we know, the Plaintiff has the duty to mitigate his/her damages. The onus is on the Defendant to prove that the Plaintiff has failed to mitigate. In many cases, the argument has been […]
Read more "The Questions to Ask When Assessing whether a Plaintiff has failed to Mitigate"This post will highlight the subject of credibility and reliability of a witness. Relevant Factors discussed in this Post: The credibility of the witness The accuracy and reliability in the witness’s recollection of the evidence Is there objective evidence to support the witness statements Collision Analysis, accident reconstruction, light sequencing evidence, weather reports Agreed Statement […]
Read more "Liability Trial – Credibility and Reliability of a Witness"This post will go over the test for mitigation. The following cases are referenced in this post: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146. Graham v. Rogers, 2001 BCCA 432 (leave to appeal refused) Chiu v. Chiu, 2002 BCCA 618 (CanLii) Turner v. Coblenz, 2008 BCSC 1801 (CanLii) Latuszek v. Bel-Air […]
Read more "The “Subjective / Objective” Test – Mitigation"