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"For any new driver that has a Learner’s Licence, this is a good decision that brings awareness to the consequences that may occur if you breach the provisions of your insurance policy and licence and the unfortunate consequence of making a willfully false statement to an insurer when reporting a claim. The result of such actions may […]
Read more "Forfeiture of Insurance – Willfully False Statements & Breach"In Granja v. Jozsef, 2017 BCSC 1087 the Court reviews Rule 9-1 of the BC Supreme Court Civil Rules which offers a provision in which a party may be exposed to cost consequences in the event a formal offer to settle is made, but rejected. Legal Framework [10] Rule 9-1 of the Rules provides a […]
Read more "Rule 9-1 Cost Consequences and Formal Offers"This post will review the topic of Managing Notices, Limitation Deadlines and Timelines & The Test for Withdrawal of Admissions to a Notice to Admit Did you know in the last five years, a total of 1,043 lawyers have reported claims and potential claims to the Lawyers’ Insurance Fund because of a missed limitation deadline […]
Read more "Managing Notices, Limitation Deadlines and Timelines"Summary Trial – Introduction A brief history is not only interesting, but helpful to understand the creation of Rule 18A, which is now referenced as Rule 9-7 of the BC Supreme Court Civil Rules. To begin, we want to ensure we understand the difference between Rule 18 Summary Judgment (now referenced as Rule 9-6) in […]
Read more "An Introduction to Summary Trial – BCSC Rule 9-7"In Buchanan v. Introjunction Ltd., 2017 BCSC 1002 the Plaintiff is successful in proving that he was wrongfully terminated from his employment and is therefore entitled to damages. This is an interesting case as the Plaintiff’s employment was terminated by the Defendant shortly after an employment contract was executed, but prior to the Plaintiff having […]
Read more "Wrongfully Dismissed Without Having Worked a Day"In Lalli v. Grewal, 2017 BCSC 983 the Plaintiff was found in contempt of court for failing to comply with an Order made Nov 10, 2015 wherein the Honourable Mr. Justice Harvey directed both parties to attend before Dr. Michael Elterman for the purpose of attempting a reconciliation between the Respondent and his son. The […]
Read more "Contempt of Court – $17,500."Litigating in Slices – Severance Issues on Summary Trial Severance is often considered by the court in a summary trial application. Rule 12-5 (67) provides the Court with the discretionary authority to determine if severance is appropriate: Trial of one question before others (67) The court may order that one or more questions of fact […]
Read more "Litigating in Slices / Summary Trial"Rainville v. Zheng, 2017 BCSC 767 is a hearing that took place on May 9, 2017 in Kamloops, BC before Master R.W. McDiarmid in which an assessment of costs and disbursements takes place. This post will focus on the law that has been referenced in determining proportionality in assessing the reasonableness of disbursements. “The claim […]
Read more "“Proportionality” in assessing the reasonableness of disbursements. Cadillac v. Buick"Often, a client has pre-existing conditions that become relevant in a “personal injury” legal action, and a careful analysis is necessary. This recent decision in Cheema v. Khan, 2017 BCSC 974 provides an analysis of the thin skull principle v. the crumbling skull principle and it is worthy of review. LEGAL PRINCIPLES [8] The principles to […]
Read more "Thin Skull v. Crumbling Skull"