In Heuring v. Smith, 2018 BCSC 233 the Court assesses liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the Defendant (vehicle), who did not clearly see the cyclist as a result of a “blind spot” a pillar in his vehicle. Both parties are to blame for this collision. The Plaintiff (Cyclist) was […]Read more "Liability Split Apportioned 40% Plaintiff (Cyclist) and 60% The Defendant (Vehicle)"
This recent BC Court of Appeal decision in Chand v. Southern Railway of British Columbia Limited, 2018 BCCA 41 (CanLII), concerns a finding from the lower court that the driver of a van (Mr. Chand) who collided with a railway was not held contributorily negligent even though he plead guilty to a regulatory fine and […]Read more "BCCA dismisses appeal / Liability Finding / Contributory Negligence"
In Bucholz v. Bevan, 2017 BCSC 2377, the Plaintiff, including a third party, apply to Court to have the trial proceed with a Judge alone. The relevant Rule is 12-6(5) Court May Refuse Jury Trial: (5) Except in cases of defamation, false imprisonment and malicious prosecution, a party on whom a notice under subrule (3) […]Read more "Successful Arguments that a Trial Should be Heard by Judge Alone"
This is a heart wrenching case of a 21 year old involved in a horrific car crash. The Case is Wilhelmson v. Dumma, 2017 BCSC 616 (CanLii). A claim for damages is made for loss of interdependency, which is the topic of this post. The test for loss of interdependency is stated “has the plaintiff […]Read more "The Test and Analysis for Loss of Interdependency"
This post will provide the approach to consider when liability is in dispute and the main issue is the color of the traffic light at an intersection. To start, there were some very interesting facts presented in this decision which were outlined by statistics gathered by ICBC and stats by Expert Evidence: The 5 year […]Read more "Traffic Light – Approach in Assessing Liability"
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 […]Read more "Symptoms, Criteria and Treatment of Complex Regional Pain Syndrome (“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 […]Read more "What do we know about Complex Regional Pain Syndrome (“CRPS”) and Systemic CRPS?"
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 […]Read more "BCCA upholds lower court decision – Failure to mitigate reduction of 50% in all heads of damages"
Contributory negligence, if proven by the Defendant, will result in a reduction on the value of your case. Reductions for contributory negligence are generally in the 10 – 40% range. This recent decision in Howell v Machi, 2017 BCSC 1806 analyzes the law as it pertains to contributory negligence specifically relating to an incident of a […]Read more "Contributory Negligence, Apportionment, Cases Relied on & Analysis"
Since the Supreme Court of Canada decision in Saadati v. Moorhead, 2017 SCC 28 (CanLii), this decision has been referenced in several cases, and a debate exists on whether or not this decision may decrease the use of expert opinion and testimony as it pertains to psychological injury. A recent Court of Appeal decision in […]Read more "Damages for Mental Distress in Contract Law / Saadati Reference"