In reading multiple personal injury cases, we note the focus must be on the change or impact that an injury has on a claimant when presenting a case. This article will identify the importance of collateral witnesses and offer some guidance in preparing witnesses for trial, and specifically the type of evidence that may be […]
Read more "Evidence – Collateral Witnesses"In a recent decision, the Court analyzes an intervening event and outlines the test. The decision is referenced as Bernatchez v. Chisholm, 2022 BCSC 105 and pertains to an MVA case which caused the Plaintiff injury, resulting in a significant wage loss claim. Defence argued that there was a break in the chain of causation, […]
Read more "Intervening Event Principle"Unless you are preparing and assisting for trial, the rules as it relates to medical records at trial may not be in the forefront of your mind. Therefore, here is an excellent outline from a very recent decision in 2022 which took place in Victoria regarding the rules and principles as it relates to use […]
Read more "Use of medical records at trial – Review"Timing Matters – Independent Medical Examinations Scheduling IMEs late during the process of litigation is never a good idea. Timing matters. The most important date to be aware of is the expert evidence deadline outlined in Rule 11-6 (3) which directs that an expert’s report must be served on every party of record 84 days […]
Read more "Timing Matters – Independent Medical Examinations"Wage loss benefits Are you eligible for wage loss benefits if you have missed time off work due to injuries you have sustained in a car accident? The answer may be found in the Insurance (Vehicle) Regulations, Part 7 – Accident Benefits. In particular, Sections 80 to 85 may be relevant. The appropriate tribunal that […]
Read more "Accident Benefits – Are you eligible for wage loss benefits ?"Are you familiar with the limitation deadlines related to accident benefits in BC? We will outline some key limitation dates to be aware of in this article. The key timelines to be aware of: Whether ICBC has denied payment to you; or Whether ICBC has failed to make payment to you for a claimed benefit. […]
Read more "Part 7 Accident Benefits – Preserving the limitation date for benefits"As of May 1, 2021, British Columbia has moved to a no-fault system. BC residents are entitled to receive benefits for their injuries and wage loss after a motor vehicle crash regardless of who is at fault. An injured person, in most cases, will no longer recover damages from an “at-fault” driver through a law […]
Read more "Part 7 Accident Benefits – Must be “necessary”"What are central sensitivity syndromes (“CSS”)? CSS are illnesses that are debilitating and very difficult to diagnose for the sole fact that there are no tests that may be administered to conclude a definitive diagnosis. Examples of central sensitivity syndromes are myalgic encephalomyelitis, chronic fatigue syndrome and fibromyalgia to name a few. As per the […]
Read more "Central Sensitivity Syndromes – Learn More about CSS"We have previously written an article on the topic of whether a private MRI should be funded by an insurer. The article referenced Ieraci v. Gallo, 2016 BCSC 1611 and raises the issue of whether a privately funded MRI ought to be paid as a special damage by the Defendant when a publicly-funded MRI is […]
Read more "Private MRI vs. Public MRI – Reimbursement"When presenting a claim on behalf of your client for past and future income loss, there are a number of matters to focus on and we have enumerated a list of some key questions to consider. This article is based on a recent published trial decision in which the Plaintiff suffered soft tissue injuries caused […]
Read more "PAST AND FUTURE INCOME LOSS / REVIEW"