We will review a recent case referenced as Khademolhosseini v. Ji, 2019 BCSC 854 in which the total amount awarded to the Plaintiff was $485,918.80. Of this amount, $350,000 was awarded under the category of loss of future earning capacity and this article will therefore focus on this topic specifically. Facts on presentation: Plaintiff seeks […]
Read more "Loss of future earning capacity"This is a case referenced as Hinagpis v Adaza III, 2019 BCSC 880 (CanLII) in which the Plaintiff’s presentation of her claim was outstanding and recovered $518,671.66 in damages, the breakdown of which is: Non-pecuniary damages – $115,000.00; Loss of past earning capacity – $135,000.00; Loss of future earning capacity – $160,000.00; Cost of future […]
Read more "Activities of Daily Living – Loss of Housekeeping Capacity"This blog post will review the law as it relates to a Certificate of Pending Litigation. Having worked in commercial / construction litigation for a number of years, it prompted me to review the law as it was noted in this recent decision Chen v. Jin, 2019 BCSC 567. It does bring back great memories […]
Read more "Removal of a Certificate of Pending Litigation (“CPL”) The Law"It is quite remarkable to look back and think there was such a time. But here is evidence of that. I wanted to share this decision. It’s a reminder that progress is always possible. The journey continues. As quoted from this decision: Re SECTION 24 OF THE B.N.Α. ACT. Judicial Committee of the Privy Conncil, Lord […]
Read more "1929 decision: Appeal Allowed “Women are eligible” to become members of the Senate"Expert Selection / Disbursements Expert selection is of paramount importance. Reviewing the injuries of the Plaintiff and determining which specialty is required to assist counsel and the court with a better understanding of the Plaintiff’s injuries, diagnosis and prognosis is a task for your counsel. Occasionally, you may be faced with a costs application to […]
Read more "Expert Selection / Disbursements"In Hein v. Linge, 2018 BCSC 1203 the law is outlined as it pertains to subsequent Independent Medical Examinations. The defence in this case was the applicant seeking a subsequent IME, which was dismissed with costs in the cause. It is noted that the Judge has discretionary authority to determine whether a subsequent Independent Medical […]
Read more "Principles as it relates to subsequent Independent Medical Examinations"In this recent hearing referenced as Clubine v. Paniagua, 2018 BCSC 1076 brought by the Defendant, the Plaintiff is faced with costs consequences for failing to accept what is deemed to be a “reasonable offer” proposed by the Defendant pursuant to Rule 9-1 of the BCSC Civil Rules. The Defendant made several offers. The Plaintiff […]
Read more "After the Event Insurance – A factor that weighs against costs"In this recent hearing, the Plaintiff was successful in an Order of double costs against the Defendant. The trial had proceeded in November 2017 and judgment was delivered on March 27, 2018 referenced as Vine v. Taylor, 2018 BCSC 493. The Court concluded that the offer made by the Plaintiff ought to have been accepted […]
Read more "Double Costs / Punitive measure for failure to accept offer to settle"This is a chambers application brought by the Plaintiff to oppose the admissibility of the defence medical-legal report of Dr. Trump, an orthopaedic surgeon. The case is referenced as Oberholtzer v. Tocher, 2018 BCSC 821. Objections Report is not necessary To determine the necessity of a report, we need to interpret the word “necessity” which […]
Read more "Objections to the admissibility of a medical-legal report"Today’s post will review the award under the heading: cost of future care. We will highlight the arguments raised by the defence in this case as it is a useful exercise to be aware of them. The test is as quoted in this decision Harry v. Powar, 2017 BCSC 2618 (Judgment date: May 16, 2018): […]
Read more "Cost of Future Care – Arguments to Reduce Items Claimed"