Symptoms, Criteria and Treatment of Complex Regional Pain Syndrome (“CRPS”)

A decision in McCaffery v Arguello, 2017 BCSC 1460 (CanLII) awards a Plaintiff $200,000 for injuries sustained in a road rage incident in which the Defendant was criminally charged with assault with a weapon and assault causing serious bodily harm. That charge provided a conclusion of 100% liability in which judgment was rendered against the […]

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What do we know about Complex Regional Pain Syndrome (“CRPS”) and Systemic CRPS?

Without summarizing the following decision, I am simply going to quote stated facts regarding the condition of Complex Regional Pain Syndrome (“CRPS”) and Systemic CRPS, together with excepts from the medical experts that have commented on these conditions and the Court’s comments as it relates to the medical evidence. As a note:  CRPS is sometimes referred […]

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BCCA upholds lower court decision – Failure to mitigate reduction of 50% in all heads of damages

In Mullens v. Toor, 2016 BCSC 1645, the Defendants were successful in proving that the Plaintiff failed to mitigate her damages, which resulted in a reduction of 50% under the heads of damages of non-pecs, past loss of earnings, loss of earning capacity, loss of pension and deferred profit sharing, and cost of future care […]

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Successful Appeal – Admissibility of Expert Evidence – SCC “Abbey” & “Lavallee” Part 2

Tambosso v. Homes, 2016 BCCA 373 (CanLII) In our prior post, we looked at the trial decision in “Tambosso” and highlighted the importance of reviewing and analyzing the facts of your case carefully, including any contradictions or conflicts that may exist in the evidence. We reviewed the legal principles outlined in the two Supreme Court […]

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