ICBC Law

BC Injury Law and ICBC Claims Blog

Erik MagrakenThis Blog is authored by British Columbia ICBC injury claims lawyer Erik Magraken. Erik is a partner with the British Columbia personal injury law-firm MacIsaac & Company. He restricts his practice exclusively to plaintiff-only personal injury claims with a particular emphasis on ICBC injury claims involving orthopaedic injuries and complex soft tissue injuries. Please visit often for the latest developments in matters concerning BC personal injury claims and ICBC claims

Erik Magraken does not work for and is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC). Please note that this blog is for information only and is not claim-specific legal advice.  Erik can only provide legal advice to clients. Please click here to arrange a free consultation.

Posts Tagged ‘Truax v. Hyrb’

“It Is Not Necessary To Call Expert Evidence On Each Issue”

June 26th, 2017

In recent years expert evidence has become more common in injury litigation and it is not unusual to see litigants sometimes err on the side of overkill.  To this end helpful comments were recently released by the BC Supreme Court, Kelowna Registry, highlighting this practice and reminding litigants expert evidence can be used judiciously.

In the recent case (Truax v. Hyrb) the parties were involved in a collision and fault was at issue.  The Defendant brought an application seeking a dismissal of the lawsuit and argued that the Plaintiff failing to adduce expert engineering evidence should lead to an adverse inference.  In rejecting this suggestion Mr. Justice Dley provided the following comments about the over-use of expert evidence:

[20]         The defence argues that the failure by the plaintiff to introduce engineering evidence of the collision is “telling” and that an inference should be drawn against Mr. Truax. I agree that the absence of engineering evidence is telling – there is no need to call such expert evidence when common sense prevails.

[21]         Litigation has become a costly venture; oftentimes unnecessarily so. Litigants are far too quick to secure expert testimony when it is not required. Perhaps that is out of an abundance of caution and concern that the absence of expert evidence will be a failing of counsel.

[22]         Each case should be considered on its unique circumstances. It is trite to say that it is not necessary to call expert evidence on each issue. Expert testimony should be restricted to those matters where it would actually assist the court because the evidence is so specialized, scientific or complex. Expert evidence should not be viewed as a default or automatic step in litigation strategy.