This post will review the topic of Managing Notices, Limitation Deadlines and Timelines & The Test for Withdrawal of Admissions to a Notice to Admit Did you know in the last five years, a total of 1,043 lawyers have reported claims and potential claims to the Lawyers’ Insurance Fund because of a missed limitation deadline […]
Read more "Managing Notices, Limitation Deadlines and Timelines"In Buchanan v. Introjunction Ltd., 2017 BCSC 1002 the Plaintiff is successful in proving that he was wrongfully terminated from his employment and is therefore entitled to damages. This is an interesting case as the Plaintiff’s employment was terminated by the Defendant shortly after an employment contract was executed, but prior to the Plaintiff having […]
Read more "Wrongfully Dismissed Without Having Worked a Day"In Lalli v. Grewal, 2017 BCSC 983 the Plaintiff was found in contempt of court for failing to comply with an Order made Nov 10, 2015 wherein the Honourable Mr. Justice Harvey directed both parties to attend before Dr. Michael Elterman for the purpose of attempting a reconciliation between the Respondent and his son. The […]
Read more "Contempt of Court – $17,500."Rainville v. Zheng, 2017 BCSC 767 is a hearing that took place on May 9, 2017 in Kamloops, BC before Master R.W. McDiarmid in which an assessment of costs and disbursements takes place. This post will focus on the law that has been referenced in determining proportionality in assessing the reasonableness of disbursements. “The claim […]
Read more "“Proportionality” in assessing the reasonableness of disbursements. Cadillac v. Buick"Often, a client has pre-existing conditions that become relevant in a “personal injury” legal action, and a careful analysis is necessary. This recent decision in Cheema v. Khan, 2017 BCSC 974 provides an analysis of the thin skull principle v. the crumbling skull principle and it is worthy of review. LEGAL PRINCIPLES [8] The principles to […]
Read more "Thin Skull v. Crumbling Skull"Setting Aside the Default Judgment [23] The defendant submits that the default judgment should be set aside because he can satisfy each element of the test set out in the case of Miracle Feeds v. D & H Enterprises Ltd. [1979] BCJ 1965. He submits that: a. His failure to file a response to civil […]
Read more "The Test to Set Aside a Default Judgment"The Court has the discretionary authority pursuant to Rule 9-1(5)(b) of the Supreme Court Civil Rules to award double costs after the delivery of settlement offers. This recent decision in Anderson v. Pieters 2017 BCSC 954 offers a fact pattern in which the Plaintiff sought double costs without success. Double Costs [4] The Court’s […]
Read more "Double Costs after Delivery of Settlement Offers – Rule 9-1(5)(b) of the BCSC Civil Rules"The insurance exception to the rule against double recovery is analyzed in this recent case. Thompson v. Helgeson, 2017 BCSC 927 It is argued that Disability Pension Benefits received by the Plaintiff do not fall within the private insurance exception to the principle that a plaintiff is only entitled to be compensated for his or […]
Read more "Disability Pension Benefits – Insurance Exception Rule"In Kenny v. Bateman 2017 BCSC 900, a Master’s decision to Order that the Plaintiff attend a neuro-psychological assessment is appealed on the basis that this is a second IME. The plaintiff’ position is that the master erred: “(1) in finding that the medical examination was a first examination and not a further or subsequent […]
Read more "Analysis of BCSC Rule 7-6 Order For Medical Evidence"The legal principles were highlighted in Cantwell v Warren, 2017 BCSC 856 (CanLII): Perren v. Lalari, 2010 BCCA 140 (CanLII), at para. 32, provides that: A plaintiff must always prove … that there is a real and substantial possibility of a future event leading to an income loss. If the plaintiff discharges that burden of proof, […]
Read more "Analysis of Loss of Future Earning Capacity"