The focus of this article is on the importance of collateral witnesses and this is a very interesting case to read. The Defendant says “the plaintiff has lied about her ongoing pain, for which there is no medical explanation.” It is often a defence tactic we are all aware of. To attack the credibility and […]Read more "Credibility – Collateral Witnesses"
Under BC Supreme Court Rule 11-8 Experts in Vehicle Actions, there is a limitation in the number of experts that may be retained in a vehicle action. The limit under Rule 11-8 is 3 experts that may provide expert opinion evidence on the issue of damages at trial, and only 1 report from each of […]Read more "Experts in Vehicle Actions"
This is a Small Claims Dispute ($5,000) in the Civil Resolution Tribunal “CRT” on the topic of liability. This article will review a Small Claims Dispute on the issue of liability in which ICBC initially assessed fault at 50 – 50. The driver/applicant of one of the vehicles did not agree with the liability decision […]Read more "CRT Small Claims Dispute – Liability"
Summary Trial Documentary Evidence – Rule 9-7(5)(d) Notice to Admit Admission under Rule 7-7 (Notice to Admit) The purpose of a notice to admit is to obtain evidence in the form of admitted facts. Its primary purpose is to encourage the admission of undisputed facts, to shorten trials and thereby reduce expenses. The Notice to Admit is a pre-trial […]Read more "A useful pre-trial tool: Notice to Admit"
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"