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Search Results for “credibility”

Court of Appeal Split on Whether Credibility Finding on Misapprehended Evidence Warrants New Trial

Written by admin on . Posted in Uncategorized.

Reasons for judgement were released today with split reasons but the BC Court of Appeal addressing whether a new trial is warranted where a Court makes an adverse credibility finding based in part on misapprehended evidence. In today’s case (Zajaczkowski v. Grauer) the Plaintiff was injured in a collision and sued for damages.  At trial […]

Brain Injury Claim Dismissal Upheld Following Credibility Concerns

Written by admin on . Posted in ICBC Brain Injury Cases, Uncategorized.

Reasons for judgement were released today (Minhas v. Sartor) by the BC Court of Appeal upholding a trial judgement which rejected a claim for an alleged “severe and permanent brain injury” following concerns about the Plaintiff’s credibility. In upholding the trial judgement the BC Court of Appeal provided the following reasons demonstrating how the negative credibility […]

"The Use of an Interpreter, on its Own, Is Irrelevant to the Issue of Credibility"

Written by admin on . Posted in Civil Procedure.

Reasons for judgment were released today by the BC Supreme Court addressing whether a witness who has a good understanding of English should have their credibility negatively assessed where they choose to testify trough an interpreter.  In short, the Court held that this factor alone is irrelevant in assessing credibility. In today’s case (Kim v. […]

Double Costs Rejected In Face of Plaintiff Credibility Concerns

Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, rejecting a request for double costs following a trial where a Plaintiff beat her formal settlement offer by a slim margin. In today’s case (Griffith v. Larsen) the Plaintiff suffered an injury in a collision.  Prior to trial the plaintiff provided […]

Credibility, Chronic Pain and the "Inherent Frailty" of Subjective Injury Claims

Written by admin on . Posted in ICBC Chronic Pain Cases, ICBC Soft Tissue Injury Cases, Uncategorized.

Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, discussing credibility and chronic pain claims based on subjective symptoms. In this week’s claim (Sevinksi v. Vance) the Plaintiff was involved in a 2007 collision.  Fault was admitted by the offending motorist focusing the claim on quantum.  The Plaintiff sought fairly significant damages for disability due […]

Credibility Cases Not Suitable for Severance of Issues and Summary Trial

Written by admin on . Posted in BCSC Civil Rule 12, BCSC Civil Rule 9, Uncategorized.

Earlier this year Mr. Justice McEwan provided reasons for judgement finding that an order to sever issues under Rule 12-5(67) is a prerequisite to having only part of a case tried by way of summary trial.   Today, reasons for judgement were released confirming this point and finding that where credibility is an issue a case […]

More on Injury Claims, Credibility and Cross-Examination

Written by admin on . Posted in Uncategorized.

When personal injury claims go to trial a Plaintiff will have their allegations of injury tested through cross-examination.  If this process reveals enough inconsistencies in the Plaintiff’s direct testimony it can result in a poor finding of credibility by the trial judge which in turn will likely effect the outcome of the case.  This was […]

More on Injury Claims and Plaintiff Credibility

Written by admin on . Posted in Uncategorized.

Further to my previous articles on this topic, little can do more damage to a lawsuit than a Court finding a Plaintiff lacks credibility.   When advancing an injury claim it’s important to know the types of factors Courts review in gauging whether a witness should be believed.  Reasons for judgement were recently published by the BC Supreme […]