For ease of reference, the amendments to Rule 11-8 of the BC Supreme Court Rules were deemed unconstitutional. Review our detailed article on this topic Rule-11-8 “Unconstitutional and of no force or effect.” These are updates for ease of reference, which include Bill 9 Evidence Amendment Act, 2020. Evidence Act amendments February 6, 2020 The […]Read more "Bill 9 – 2020: Evidence Amendment Act, 2020"
A recent BCSC decision awards a man $9,076,854.19 for a serious brain injury he sustained on Jan. 31, 2014. The accident occurred on the Coquihalla Highway, which is never a pleasant drive in Winter conditions. Mr Uy was only 39 years old at the time of the collision, leaving him with significant cognitive difficulties. The […]Read more "Over 9 Million Awarded for Serious Brain Injury"
ICBC’s new data has identified the Top 10 Crash Sites in BC’s Lower Mainland. It appears that Surrey residents and anyone that travels on Surrey Roads should take extra precaution, as the majority of the Top 10 crash sites are located in that jurisdiction. Not a surprise when you consider Surrey is one of the […]Read more "TOP 10 CRASH SITES IN BC’s LOWER MAINLAND"
It’s 2020. With the COVID-19 pandemic, we have seen a forced evolution upon all of us working in the legal profession. We have been forced to work remotely and to learn how to be efficient and productive. Some law firms have not transitioned to a paper less system, but have been forced to do so […]Read more "Videoconferencing in Law “It’s 2020.”"
This is a fantastic decision that proceeded to trial in early 2019 and was scheduled over 4 weeks. It is a decision from the Court of Queen’s Bench of Alberta and was recently published as Warner v. Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII). It is educational and will cover the […]Read more "1.5 million awarded for Complex Regional Pain Syndrome “CRPS”"
The topic we will discuss in this case is headaches. The Plaintiff suffered from persistent and debilitating headaches. Headaches are a common symptom that may result post motor vehicle collision. There are different types of headaches however and various types of treatment that may or may not assist with headaches. This case is educational and […]Read more "Headaches – Whiplash v. Tension-Type"
Today’s blog post is a “Year in Review.” We have written 40 articles on triable legal issues in 2019. Each of these articles are enumerated below with their links for ease of access to the subject article. You will notice in each article, if you scroll to the bottom of the page, you will see […]Read more "OVER 40 LEGAL ARTICLES RELATING TO PERSONAL INJURY LAW"
This is a recent decision referenced as Winick v Goddard, 2020 BCSC 4 (CanLII) that involved a Plaintiff who was unfortunately involved in three motor vehicle collisions in 2013, 2015 and 2016. As a result of these collisions, the client suffered chronic pain to her neck and back with resulting headaches and a diagnosis of […]Read more "Loss of future earning capacity"
In this article, we will look at a case that deals with a Defendant’s application to seek a video deposition of their expert under oath before a court reporter prior to the trial of this case and that the said record of the stated deposition be tendered as evidence at the trial. The case is […]Read more "Video Deposition"
In reading these recent trial decisions, there are arguments that jump out at me that I need to write about. Today’s article is on the topic of “mitigation”. A Plaintiff, who was injured as a result of a motor vehicle collision was attending an “ICBC funded program” with a known national treatment provider. The Plaintiff […]Read more "Failure to mitigate – lack of funds and exhaustion"