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Plaintiff Ordered To Produce Credit Card Statements In ICBC Brain Injury Claim

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff in an injury lawsuit to disclose credit card statements for a span of several years.

In today’s case (J v. K) the Plaintiff was involved in two motor vehicle collisions.  She allegedly suffered a head injury and the medical evidence noted that the Plaintiff “is probably suffering with residual frontal lobe dysfunction with respect to impulsive behavior, impulsive buying“.

The Defendant requested various financial records to explore the reported impulsive buying behavior.  Master Taylor agreed that this was a reasonable request and ordered that Visa records from a year prior to the collision onwards be disclosed.  In reaching this decision the Court provided the following records:

[24]         I am satisfied by the circumstances and the facts of this case that the request for the plaintiff’s credit card statements which will likely show her spending patterns, and that the information gleaned from the statements is relevant and material to the plaintiff’s claims. I am not satisfied that the plaintiff’s banking records are material to her claim or that her privacy with regard to those items should be breached, aside from one exception as set out in paragraph 26 below.

[25]         Accordingly, I order that the plaintiff disclose her Visa credit card statements and any other credit cards she may have used or statements related to any other credit cards, from one year pre-accident to the present. In this instance, it is one year prior to her first accident which occurred on September 13, 2010. The statements are to be unredacted except for those purchases made by the plaintiff’s brother which may be redacted.

[26]         In the event that the claimant intends to show any impulsive spending by way of debit card transactions, then those monthly statements should be provided to the defendants, but in this case only the monthly statements in which the alleged impulsive spending is to have occurred, and in an unredacted format.

 

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