In a recent decision in British Columbia, published April 11, 2023 and referenced as Pidwerbesky v Brunetti, 2023 BCSC 556 (CanLII), we are going to review the future loss of income capacity in which the Court awarded $1,457,193.00 to the claimant under this head of damage. The claim involved a young female Plaintiff who was […]
Read more "Herniated disc results in 1.4 Million for future loss of earning capacity"We will review an Alberta Court of King’s Bench decision, published on March 14, 2023 referenced as Couch v Olatiregun, 2023 ABKB 104 (CanLII). This was a case involving a rear end collision which occurred on April 13, 2017. The Defendant, who was unrepresented, and did not attend the trial, was found 100% at fault […]
Read more "Minor Injury Assessment in Alberta"Today’s article will go over Carpal Tunnel Syndrome, Thoracic Outlet Syndrome, Myofascial Pain Syndrome and Double Crush Syndrome. First, we will briefly review some of the nerves that may be impacted in either carpal tunnel syndrome, thoracic outlet syndrome and myofascial pain syndrome for a better understanding of how and/or why these conditions come to […]
Read more "Carpal Tunnel Syndrome, TOS, Myofascial Pain Syndrome and Double Crush Syndrome"REGISTER NOW! Join us for a complimentary Professional Development webinar series. PART I: EVIDENTIARY RULINGS ON THE ADMISSIBILITY OF EXPERT EVIDENCE Thursday, February 23, 2023 12:00pm PST/1:00pm MST This program will offer a comprehensive review of several published decisions that define and provide clarity on the topic of admissibility relating to expert evidence at trial. […]
Read more "Two Part Medical-Legal Series"This case is a Supreme Court of Canada decision referenced as Moore v. British Columbia (Education), 2012 SCC 61 (CanLII), [2012] 3 SCR 360. We have seen this case referenced in complaints alleging discrimination in employment on the grounds of physical disability. As quoted from the “Moore” decision: On appeal from the Court of Appeal […]
Read more "Discrimination on the ground of physical disability"Aneurysm, subarachnoid hemorrhage, vasospasm and stroke – a closer look. We have seen several cases in the Courts across Canada dealing with medical malpractice claims analyzing the issue of standard of care and causation relating to aneurysms and resulting stroke. Today we will share a few facts about this type of brain bleed. Typically symptoms […]
Read more "Analyzing Aneurysms & Stroke"Have you assessed claims involving the new definition of “minor injury” in Alberta as documented under the Minor Injury Regulation, Alta Reg 123/2004? It is important to review the new regulations and also review the format of analysis. A recent decision referenced as Jackson v Cooper, 2022 ABKB 609 (CanLII) reviews “chronic pain” under the […]
Read more "Minor Injury Regulations, Alberta"Past and Future Loss of Earning Capacity/Loss of Competitive Advantage Our article today will focus on the issue of loss of earning capacity (past and future) and loss of competitive advantage, which is before the Courts in this recent decision from the Court of King’s Bench in Alberta. This key issue in this case is […]
Read more "Past and Future Loss of Earning Capacity / Loss of Competitive Advantage"This is a 2022 case that resulted in the maximum award under the heading of non-pecuniary damages in the sum of $414,000 due to the resulting catastrophic injuries. The Plaintiff was 48 years old at the time of this very unfortunate incident, living on her own, and operating a business from her home as a […]
Read more "Life expectancy in catastrophic cases"The legal principles that are often raised at trial when the opinion of an expert is being challenged based on reliance of inaccurate facts are outlined in two leading authority from the Supreme Court of Canada. They are R. v. Abbey, 1982 CanLii 25 (SCC) and R. v. Lavallee, 1990 CanLii 95 (SCC). These cases […]
Read more "Facts relied on or assumed – SCC cases to be aware of"