Another unsuccessful attempt by defence in a recent decision referenced as Mladjo v. Eteridge, 2019 BCSC 950 to argue that the Plaintiff has failed to mitigate her damages. This is a defence tactic that we see in most cases, and one that should be considered in the management of your client’s case. Under the new […]Read more "Duty to Mitigate – Management Required"
There was a time in my career where I worked in civil litigation and a matter came before us to oppose an injunction that was being sought. Therefore, this recent decision caught my attention. These applications are serious – and one of the most crucial impact when an interlocutory injunction is being sought is the […]Read more "The test for inerlocutory injunctive relief"
We will review a recent case referenced as Khademolhosseini v. Ji, 2019 BCSC 854 in which the total amount awarded to the Plaintiff was $485,918.80. Of this amount, $350,000 was awarded under the category of loss of future earning capacity and this article will therefore focus on this topic specifically. Facts on presentation: Plaintiff seeks […]Read more "Loss of future earning capacity"
This is a case referenced as Hinagpis v Adaza III, 2019 BCSC 880 (CanLII) in which the Plaintiff’s presentation of her claim was outstanding and recovered $518,671.66 in damages, the breakdown of which is: Non-pecuniary damages – $115,000.00; Loss of past earning capacity – $135,000.00; Loss of future earning capacity – $160,000.00; Cost of future […]Read more "Activities of Daily Living – Loss of Housekeeping Capacity"
Joint Experts has been a topic of discussion recently in the legal industry, specifically relating to personal injury claims since Rule 11-8 was created limiting the experts in motor vehicle action claims. While joint experts have more commonly been used in family law cases, and even construction cases, rarely have we seen them used in […]Read more "Joint Experts – Considerations"
When involved in a motor vehicle collision, a finding of fault will be determined by ICBC. If you disagree with the assessment of fault, the option is to dispute it through the Civil Resolution Tribunal. CRT Jurisdiction – as noted on the CRT Website: The CRT can resolve certain motor vehicle injury disputes. There are […]Read more "Civil Resolution Tribunal – Liability Dispute"
This article will look at the multiple principles surrounding privilege and will highlight some of the leading authority on this subject in B.C. A recent decision from the BC Supreme Court speaks to litigation privilege and outlines the test. The case is referenced as Canning v Mann, 2019 BCSC 841 (CanLII). The Plaintiff in this […]Read more "Privilege – Dominant Purpose Test"
As the weather warms, these are the type of cases we see more of which is quite unfortunate. It is very important for all drivers to be vigilant and cautious as more and more cyclists use our streets. Most impacts between a cyclist and vehicle do not end well for the cyclist, and injuries may […]Read more "Liability trial: Cyclist v. Vehicle / Evidence"
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"