The Best Evidence Rule – Adverse Inference Cases referenced in this post are: Blatch v. Archer (1774), 1 Cowp. 63 R. v. Jolivet, [2000] 1 S.C.R. 751 Buksh v. Miles, 2008 BCCA 318 Jin v. Spurrel, 2017 BCSC 1256 The Best Evidence Rule relates to what we know as “adverse inference” which can be drawn […]

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This post pertains to discrepancy of evidence.  Specifically, the Courts have noted that discrepancies in evidence is not necessarily as significant as counsel may think.  Moreso, discrepancies in the evidence does not always impact the credibility of the Plaintiff. While it is important to highlight any inconsistencies or contradictions that may exist in the evidence, it is […]

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Reviewing the Liability of Bus Drivers Falls on a city bus are common and this recent decision reviews the law as it pertains to the liability of a bus driver. Dahl v. South Coast British Columbia Transportation Authority, 2017 BCSC 629 Liability [29]         The first issue that must be decided is whether the plaintiff’s fall […]

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