This was a successful appeal from a trial decision in which the trial judge’s standard was deemed too high in concluding that a “permanent serious impairment” had not been met. This article will provide a brief overview of the well-known Ontario Court of Appeal decision dealing with the issue of whether a “permanent serious impairment […]
Read more "High standard “permanent serious impairment” Appeal allowed"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"Collateral Witnesses This article will go over the importance of collateral witnesses / lay witnesses and look at a number of decisions that will give us some important information on what to be aware of when seeking and preparing collateral testimony. The key point of a collateral witness is to comment on their observations regarding […]
Read more "Compelling Evidence: Collateral Witnesses"Cost of Future Care – Medical Cannabis Let’s review a recent decision in which a medical cannabis program was deemed medically justified and reasonable, and resulted in the Court awarding $12,000 for cost of future care, after reviewing all the negative contingencies that were relevant in this case. The case is referenced as: Carillo v. […]
Read more "Cost of Future Care – Medical Cannabis"Here is a key decision in Alberta referenced as Benc v. Parker, 2012 ABCA 249 which provides a great overview of the Minor Injury Regulation in Alberta. The Court allowed the appeal in this case in part and concluded that the Plaintiff satisfied the requirements of s 9(1) of the Minor Injury Regulation, Alta Reg 123/2004 (“the Regulation”). […]
Read more "The Operation of the Minor Injury Regulation / Alberta"As the BC Government has introduced legislation that will impact motor vehicle accident claims by introducing a CAP on minor injuries, it is helpful to review the language in the legislation of other Provinces (specifically Ontario and Alberta) as it pertains to the definition of “serious impairment”. This article will review the law as it pertains […]
Read more "“Permanent Serious Impairment” / Ontario"This article will provide information regarding the black box which is extracted from an automobile (car, SUV or pick-up truck) after a crash. Most cars will have what is commonly referred to as a “black box” also referenced as: Event Data Recorder “EDR” Crash Data Recorder Airbag Control Module What data does the black box […]
Read more "The Automobile “Black Box”"Arguments are often raised by the Defence that the Plaintiff has failed to mitigate his / her damages and as a result a deduction should follow on the claim. We see that successful mitigation arguments may result in a reduction in the value of the claim by 10 to 50% (although more commonly in the […]
Read more "Failure to Mitigate – Arguments for and against"When an emergency vehicle is involved in a collision with a civilian vehicle, sirens and lights activated, a liability argument will likely follow. These are difficult cases. You will often have a fact pattern of an emergency vehicle travelling with lights and sirens activated to an emergency call to assist another person in need, with […]
Read more "Liability Assessment between Emergency Vehicle / Civilian Vehicle"This is an important decision from the Court of Queen’s Bench of Alberta referenced as Jones v. Stepanenko, 2016 ABQB 295 (CanLII). The Plaintiff in this case was 19 years of age. She was involved in a serious collision when she was rear-ended by an SUV, causing 12,000 damage to the Defendant vehicle. The Plaintiff’s […]
Read more "“Minor Injury”, “Serious Impairment” and “Fibromyalgia” Learn More!"