Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Supreme Court, New Westminster Registry, finding that plaintiff’s counsel was correct in listing ‘copies’ of MSP and pharmanet printouts as privileged and refusing to produce a copy to the Defendant. In today’s case (Kang v. Sahota) the plaintiff was advancing an injury claim and in the […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff involved in a vehicle collision injury claim to turn over an otherwise privileged report to the Defendant because the report had been previously disclosed to the Plaintiff’s disability benefits provider. In today’s case (Malimon v. Kwok) the Plaintiff was […]
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Reasons for judgement were released today by the BC Supreme Court, Chilliwack Registry, ordering ICBC to produce and investigative report and video. In today’s case (Oates v. Burton) the Plaintiff was injured in a collision and sued for damages. After being represented by a lawyer the Plaintiff applied for disability benefits from ICBC and […]
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Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, assessing the merits of a claim for litigation privilege. In today’s case (Buettner v. Gatto) the Plaintiff was injured in a collision and advanced a claim for damages. The Plaintiff retained counsel. Liability was initially admitted and then denied by ICBC. […]
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Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering a Defendant in a personal injury lawsuit to disclose an incident report created following the incident at question. In today’s case (Smith v. Air Canada) the Plaintiff “was in her seat when a bag allegedly fell on her after a fellow […]
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The BC Court of Appeal released reasons for judgment today providing a concise summary of what is needed to succeed in asserting a litigation privilege claim. In today’s case (Gichuru v. British Columbia) the Court was asked to address whether various documents were properly withheld due to claims of litigation privilege. The BC Court of […]
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Reasons for judgement were released recently by the BC Supreme Court, New Westminster Registry, making it clear that the costs of a privileged and undisclosed expert report can indeed be a recoverable disbursement. In the recent case (Sidhu v. McNair) the Plaintiff was injured in a 2009 collision. In advancing the case the Plaintiff obtained […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgment were released last week by the BC Supreme Court, Prince George Registry, addressing the entitlement of a witness to a collision obtaining a copy of a statement they provided to ICBC. In last week’s case (Minnie v. ICBC) the petitioner was the witness to a collision involving a vehicle and a pedestrian. […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
I’ve previously discussed the difficulty ICBC has trying to withhold documents in a personal injury lawsuit based on their ‘investigative’ responsibilities. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this topic. In this week’s case (Spenst v. Reemeyer) the Plaintiff alleged injury s a result of a motor vehicle/pedestrian incident which […]
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Just because a medico-legal report proves harmful to a Plaintiff’s claim does not make the costs of obtaining the report, in and of itself, an unreasonable disbursement. Reasons for judgment were released last week by the BC Supreme Court, Prince George Registry, demonstrating this. In last week’s case (White v. Reich) the Plaintiff was injured […]