Today’s post will review the award under the heading: cost of future care. We will highlight the arguments raised by the defence in this case as it is a useful exercise to be aware of them. The test is as quoted in this decision Harry v. Powar, 2017 BCSC 2618 (Judgment date: May 16, 2018): […]
Read more "Cost of Future Care – Arguments to Reduce Items Claimed"The Plaintiff in today’s decision Noftle v. Bartosch, 2018 BCSC 766 was awarded $1,194,410 for injuries sustained in a collision which significantly impacted her life. This case is an example of how chronic pain can lead to psychological injury that can significantly impact one’s life. In this case specifically, the Plaintiff was once considered to […]
Read more "$170,000 non-pecuniary damages for chronic pain / psychological injury"This is an interesting case which involves a claim for personal injury following a motor vehicle collision which occurred in Vancouver on March 4, 2009. The case is referenced as Kirby v. Loubert, 2018 BCSC 498. The Plaintiff in this case, who was 50 years of age at the time of the collision, was travelling […]
Read more "Cost of future care – Medical Marijuana"In today’s post, a Plaintiff is awarded $100,000 non-pecuniary damages for injuries sustained in a severe rear-end collision. The decision is referenced as Vine v. Taylor, 2018 BCSC 493. The Plaintiff, who was 34 years old at the time of the collision dated July 4, 2018, had a pre-existing moderate substance use disorder. However, post […]
Read more "$100,000 for worsening of pre-existing moderate substance use disorder"In Barlow v. Waterson, 2018 BCSC 483, an application is made to the court by the Plaintiff to add a party as a Defendant to an existing action. In order to succeed in seeking such an Order, there must be a question or issue between the Plaintiff and the proposed Defendant that relate to the […]
Read more "Adding a Party"The rescuer doctrine was raised in Passerin v. Webb, 2018 BCSC 289 (CanLII). This case involved a negligence case against the Defendant Webb, who was thrown off his snowmobile, causing it to be a “run-away” machine which struck the Plaintiff, Mr. Passerin, causing serious injury. This case involves a group of friends who were snowmobiling […]
Read more "The Rescuer Doctrine"The decision in Sidhu v. Hiebert, 2018 BCSC 401 outlines the legal principles and authorities as it pertains to the drafting of a Notice of Civil Claim. I will quote directly from this decision: Applicable Law [30] Both counsel provided an excellent summary of the legal principles and authorities, and I will quote extensively from […]
Read more "“An excellent summary of the legal principles and authorities as it pertains to drafting of a Notice of Civil Claim.”"The 3rd Annual Paralegal Conference hosted by the Trial Lawyers Association of BC in association with the BC Paralegal Association was held on Wednesday, March 7, 2018 at the Pan Pacific Hotel. This conference occurs only once a year, and it provides an incredible platform of learning, professional development and leadership for Paralegals in our Province. It was […]
Read more "The Aspiring & Inspiring Paralegal 2018, TLABC / BCPA – Thank You!"A further case in Senger v. Graham, 2018 BCSC 257 (CanLii) is published dealing with an argument of failure to mitigate. The Court confirms that the legal burden lies with the Defendant to prove that the Plaintiff has in fact failed to mitigate his or her damages. When a failure to mitigate is alleged, the defendant […]
Read more "An Unsuccessful Failure to Mitigate Argument"Senger v. Graham, 2018 BCSC 257 (CanLii) The Plaintiff in this case suffered injuries to her neck and back. The injuries sustained by the Plaintiff in this collision impacted the client’s schooling, work, household and recreational activities. The evidence was clear that the injuries would continue to impact the Plaintiff’s life. As a result of […]
Read more "The Test for Cost of Future Care Awards"