This recent decision referenced as Bains v Gret’s Projects Inc., 2017 BCSC 1530 (CanLII), provides us with a review of the law as it pertains to the “Earnings Approach” vs. the “Capital Asset Approach”. The Plaintiff in this case, who was 27 years of age at the time of the collision which occurred on May […]
Read more "The “Earnings Approach” vs. The “Capital Asset Approach”"In Fillingham v. Big White Ski Resort Limited, 2017 BCSC 1702 the Plaintiff suffered serious injuries including a broken leg after skiing on Big White Mountain, having taken a short cut off the mountain, in which the Defendant failed to rope the area closed, causing the Plaintiff to fall off a 10 foot cliff, causing […]
Read more "Exclusion Clause Absolves Full Liability in Ski Accident"This post will focus on Norwich Pharmacal Orders Rule 7-1(18) provides that if a document is in the possession or control of a person who is not a party of record, the court, on an application brought on notice to the person and the parties of record, may make an order for either the production, […]
Read more "Norwich Pharmacal Orders – An Equittable Bill of Discovery"Currently, it has become increasingly common to serve parties to a legal action by alternative methods of service through social media channels such as email, Facebook or other forms of social media. This specific type of Order was successfully sought in Burke v. John Doe, 2013 BCSC 964. Rule 4-4 of the BCSC Civil Rules […]
Read more "Rule 4-4 Alternative Methods Of Service – Social Media Channels"The Defendant in Tani v. Baker, 2017 BCSC 1684 applies to court to seek an Order that the Plaintiff attend to see a Radiologist to have various x-rays taken of her legs and right shoulder, in which the Plaintiff suffered fractures as a result of a motor vehicle collision. The xrays were requested by defence […]
Read more "Defence Application to Seek X-Rays Denied – “Intrusive Testing”"It has been a very exciting week, starting in Toronto and attending, by invitation, the Toronto International Film Festival 2017 to attend the feature film of Unicorn Store, a debut film for Brie Larson in which she directs and stars in. Our dear friend, Terry Dougas, was the producer of this film and it was […]
Read more "Red Carpet TIFF 2017, Med Mal Conference & Professional Voice Coach"The onus of proof lies with the Plaintiff in establishing that the Plaintiff is entitled to wage loss benefits under Sections 80 and 86 of the Insurance (Vehicle) Regulations. The following cases are referenced in this blog post: Malkin v. Crown Life Insurance Co. (1989), 1989 CanLII 2898 (BC SC), 56 D.L.R. (4th) 296 (B.C.S.C.) […]
Read more "Policy & Standard of Proof – Wage Loss Benefits (Part 7 Benefits)"The following three cases have been referenced as the “Benefit Revival Trilogy” cases which were referenced in Symons v. Insurance Corporation of British Columbia, 2014 BCSC 1883 (CanLII) “Symons”, and upheld by BC Court of Appeal in Symons v. Insurance Corporation of British Columbia, 2016 BCCA 207 (CanLII): Brewer v. Insurance Corporation of British Columbia, [1999] […]
Read more "The “Benefit Revival Trilogy” Cases – Part 7 Benefits"This post will offer an analysis of the issue of whether a Plaintiff is entitled to costs pursuant to Rule 15-1(15). The leading authority Christen v. McKenzie, 2013 BCSC 1317 is noted, including various cases which reference this case. Costs (15) Unless the court otherwise orders or the parties consent, and subject to Rule 14-1 (10), […]
Read more "Case Law Analysis of Fast Track Costs – Rule 15-1(15)"For any new driver that has a Learner’s Licence, this is a good decision that brings awareness to the consequences that may occur if you breach the provisions of your insurance policy and licence and the unfortunate consequence of making a willfully false statement to an insurer when reporting a claim. The result of such actions may […]
Read more "Forfeiture of Insurance – Willfully False Statements & Breach"