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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Remembrance Day – Lest We Forget

“In Flanders Fields” by Canadian physician Lieutenant-Colonel John McCrae In Flanders fields the poppies blow Between the crosses, row on row, That mark our place; and in the sky The larks, still bravely singing, fly Scarce heard amid the guns below. We are the Dead.   Short days ago We lived, felt dawn, saw sunset glow, […]

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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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Liability Trial – Credibility and Reliability of a Witness

This post will highlight the subject of credibility and reliability of a witness. Relevant Factors discussed in this Post: The credibility of the witness The accuracy and reliability in the witness’s recollection of the evidence Is there objective evidence to support the witness statements Collision Analysis, accident reconstruction, light sequencing evidence, weather reports Agreed Statement […]

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