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"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 […]
Read more "Successful Appeal – Admissibility of Expert Evidence – SCC “Abbey” & “Lavallee” Part 2"FAMILIARIZE YOURSELF WITH YOUR EVIDENCE A discussion on R. v. Abbey, 1982 CanLII 25 (SCC) and R. v. Lavallee, 1990 CanLII 95 (SCC) The process of preparing and building your evidence for trial begins in early stages of litigation. Let’s discuss some basics: FACTS The facts of your case should be well known to you. […]
Read more "Admissibility of Expert Evidence – SCC Decisions “Abbey” & “Lavallee” Part 1"