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Substantive Legal Topics

  • Evidence (33)
  • General Legal Topics (157)
  • Minor Injury (9)
  • Summary Trial (12)
  • Trial / Appeal (23)

Central Sensitivity Syndromes – Learn More about CSS

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 […]

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Private MRI vs. Public MRI – Reimbursement

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 […]

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PAST AND FUTURE INCOME LOSS / REVIEW

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 […]

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PROPOSED CLASS ACTION – APPLE IPHONE BATTERIES / AMENDMENT PRINCIPLES

If you have an iPhone, this case may interest you. This recently posted reasons for judgment concerns an application to the Court for an Order to amend an existing Notice of Civil Claim in a  proposed class action pertaining to the battery life of Apple iPhone batteries. The case is referenced as Crema v Apple […]

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CRT – Minor Injury Determination

Under the Civil Resolution Tribunal, a decision has been published – it is the only one under Minor Injury Determinations.  It is referenced as Naqvi v. ICBC, 2020 BCCRT 995 published on September 4, 2020. I have spoken to many individuals in the last few months that have indicated that they have spoken to a […]

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Bill 9 – 2020: Evidence Amendment Act, 2020

For ease of reference,  the amendments to Rule 11-8 of the BC Supreme Court Rules were deemed unconstitutional.  Review our detailed article on this topic Rule-11-8 “Unconstitutional and of no force or effect.” These are updates for ease of reference, which include Bill 9 Evidence Amendment Act, 2020. Evidence Act amendments February 6, 2020 The […]

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Over 9 Million Awarded for Serious Brain Injury

A recent BCSC decision awards a man $9,076,854.19 for a serious brain injury he sustained on Jan. 31, 2014.  The accident occurred on the Coquihalla Highway, which is never a pleasant drive in Winter conditions.  Mr Uy was only 39 years old at the time of the collision, leaving him with significant cognitive difficulties.  The […]

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TOP 10 CRASH SITES IN BC’s LOWER MAINLAND

ICBC’s new data has identified the Top 10 Crash Sites in BC’s Lower Mainland. It appears that Surrey residents and anyone that travels on Surrey Roads should take extra precaution, as the majority of the Top 10 crash sites are located in that jurisdiction.  Not a surprise when you consider Surrey is one of the […]

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Videoconferencing in Law “It’s 2020.”

It’s 2020. With the COVID-19 pandemic, we have seen a forced evolution upon all of us working in the legal profession.  We have been forced to work remotely and to learn how to be efficient and productive.  Some law firms have not transitioned to a paper less system, but have been forced to do so […]

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1.5 million awarded for Complex Regional Pain Syndrome “CRPS”

This is a fantastic decision that proceeded to trial in early 2019 and was scheduled over 4 weeks.  It is a decision from the Court of Queen’s Bench of Alberta and was recently published as Warner v. Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (CanLII). It is educational and will cover the […]

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