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"As noted in Dupre v. Patterson, 2013 BCSC 1561 (CanLII) “I wish to say a few words about the material filed. [45] The defendant’s notice of application filed July 3, 2013, did not comply with the Supreme Court Civil Rules. The complete “Factual Basis” for the summary trial was set out on about […]
Read more "Helpful Tips on Preparing Your Summary Trial Application"Dupre v. Patterson, 2013 BCSC 1561 (CanLII) This is a summary trial application by the Defendant for an Order that the action be dismissed on the basis that the Defendant is not liable. This collision is between a cyclist (the Plaintiff) and a vehicle (the Defendant). The court concluded that the Defendant was in fact […]
Read more "Principles as it Pertains to Cyclists & Vehicles"Wee v Fowler, 2017 BCSC 815 (CanLII) This is an application by the Plaintiff for an order that a jury notice filed by the defendants be struck and the trial of this proceeding as well as the other action should be heard by the court without a jury, and that the time for this application […]
Read more "Striking a Jury Notice"Saadati v. Moorhead, 2014 BCSC 1365 (CanLII) Saadati v. Moorhead, 2015 BCCA 393 (CanLii) Saadati v. Moorhead, 2017 SCC 28 The anticipated judgment from the Supreme Court of Canada in Saadati v. Moorhead has been rendered today: June 2, 2017. This decision analyzes the issue of whether a psychological injury is compensable without […]
Read more "SCC Judgment Rendered in Saadati v. Moorhead, 2017 SCC 28 – Psychological Injury"A review of the Limitation Act, S.B.C. 2012, c. 13 An application is brought by the Defendant in Arbutus Environmental Services Ltd. v. South Island Aggregates Ltd., 2017 BCSC 1 for an Order that the Plaintiff’s claim be dismissed as it is statute-barred by the provisions of the Limitation Act, S.B.C. 2012, c. 13. As noted in […]
Read more "Principles to determine if an action is statute barred – The Limitation Act, S.B.C. 2012, c. 13"When a parent advances funds to an (adult) child for purposes of financial support, is this advancement of funds deemed to be a gift or a loan? This is not always immediately clear, especially if there is a lack of documented evidence that speaks to this issue. A parent does not always consider documenting the […]
Read more "When a Parent Advances Funds to an (Adult) Child – Gift v. Loan"A very recent decision Kirk v. Executive Flight Centre Fuel Services, 2017 BCSC 726 outlines the principles to be considered for certification of a class action. This is a very interesting action in which a a “single incident mass tort” resulted from an oil spill and the claim is for compensation and claims against all […]
Read more "Principles of Certification of a Class Action"Aiken v. Van Dyk et al, 2001 BCSC 1217 This is an infant pedestrian collision in which a 14 month old infant was struck by the front tire of a garbage truck in a cul-de-sac residential neighbourhood. Liability is contested. On the day in question, the infant Plaintiff, her sister, who was 5 years of […]
Read more "Infant Pedestrian Claims"I am co-chairing the CLEBC Personal Injury conference together with my colleague MaryAnn Reinhardt, which is scheduled on June 8, 2017. The early bird deadline is rapidly approaching on May 11, 2017. See the COMBO deal to attend the PI Conference on June 9, 2017 as well. Course Description: Personal Injury for Jr. Lawyers and […]
Read more "Course Description: CLEBC Personal Injury Conference June 8, 2017 /Co-Chairs: Priscilla Cicek & MaryAnn Reinhardt"