Our accredited program Seeking Leave of the Court for Additional Experts reviews three key published decisions from the BC Supreme Court that provide greater comprehension and a good framework of Section 12(1)(5) of the BC Evidence Act relating to Expert Limits. The cases are noted: Vespaziani v. Lau, 2021 BCSC 1224 (CanLII) Raniga v. Kang, […]
Read more "Seeking Leave for Additional Experts – Alberta"In a recent published decision, a Plaintiff is successful in recovering over $217,000. for future costs. This was a case that resulted in serious injuries. The Plaintiff was diagnosed with 3 vertebral fractures (T12 burst fracture, T11 spinous process fracture, L4 endplate fracture), soft tissue injuries to her sternum, chronic pain syndrome with myofascial pain […]
Read more "In-Home Care / Assisted Living"A number of decisions relating to the negligent infliction of mental injury (known as “nervous shock” in older cases) are noted below, extracted from a recent 2023 decision. The 2023 case (link at the end of the article) involved an application brought by the Defendants under Summary Trial to have the claim for “nervous shock” […]
Read more "Negligent Infliction of Mental Injury"On December 20, 2023, the Federal Court posted Interim Principles and Guidelines on the Court’s Use of Artificial Intelligence. The publication enumerates a number of principles and guidelines that the Federal Court will comply with, which is noted in today’s article. We also highlight a decision of the Court referenced as Haghshenas v. Canada (Citizenship […]
Read more "Artificial Intelligence in Law"2023 Year in Review: Thankful for all of our mentors this year. Professional Development was a highlight for us in 2023. We wrote over 40 legal articles and developed and chaired seven accredited professional courses involving high-level speakers that offered their valuable time to educate all of us. Thank you to all the medical experts […]
Read more "2023 Year in Review"There are more changes in British Columbia being legislated. To provide you with a brief history for a better comprehension, I will enumerate my article to market on the history here: The government attempted to cap disbursements to 6% of the amount awarded as compensation. Eg: If a case was awarded 100,000 in damages, the […]
Read more "6% Cap on Disbursements"A recent decision reviews arguments from both counsel on whether this case falls under thin skull or crumbling skull principles. Liability was not admitted but was not a true issue here. The MVA occurred when the Plaintiff’s vehicle was rear ended while stopped at a stop sign. “The only issues argued before me at trial […]
Read more "2023 Chronic Pain Case"In a recent Supreme Court of BC decision referenced as Krepski v Valenciano, 2023 BCSC 2089 (CanLII) the test for failure to mitigate is discussed and referenced from a prior decision Quigley v Jonsen, 2019 BCSC 1812 (CanLII), which states: [30] The defendants must prove that the plaintiff has acted unreasonably in not acquiring […]
Read more "Failure to Mitigate leads to 10% Reduction"A very recent decision from the Civil Resolution Tribunal in BC reviews whether a shoulder injury sustained by the Applicant is deemed to be a “minor injury.” The CRT was asked to review and rely on the Sparrowhawk v. Zapoltinsky, 2012 ABQB 34 for determining whether an injury results in a “serious impairment” under Alberta’s […]
Read more "Determination: Minor Injury v. Serious Impairment"A recent 2023 decision Donaldson v Grayson, 2023 BCSC 1675 (CanLII) outlines the legal principles relating to the assessment of cost of future care. The award for costs of future care was significant – $208,000. There were also multiple objections raised by the defence in relation to cost items, some of which were accepted by […]
Read more "Awards of cost of future care"