Public MRI vs. Private MRI

Ieraci v. Gallo, 2016 BCSC 1611 discusses the issue of whether a privately funded MRI ought to be paid as a special damage by the Defendant when a publicly-funded MRI was available to the Plaintiff. There are some key strategic points that were successfully argued in this case. Plaintiff’s counsel argued that a publicly-funded MRI […]

Read more "Public MRI vs. Private MRI"

Video Surveillance

A tool that may be utilized to discount the Plaintiff’s credibility is video surveillance.  The following cases will give you a greater understanding of how to approach this evidence. Chong v. Lee, 2014 BCSC 734 (CanLii) reiterates the three-part test outlined in R. v. Creemer and Cormier, [1968] 1 C.C.C. 14 (N.S.C.A.) in relation to the admissibility of […]

Read more "Video Surveillance"

Professional Negligence

Real estate has been booming in B.C. for some time now.  This recent published decision referenced as Currie v. Sonnenberg, 2017 BCSC 526 concerns a summary trial application brought by the Defendant to dismiss the Plaintiff’s action for breach of contract and professional negligence.  The case discusses the legal principle as it specifically relates to duty and […]

Read more "Professional Negligence"