Circumstantial Evidence and ICBC Unidentified Motorist Claims
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dismissing a Plaintiff’s ICBC Claim alleging that an unidentified motorist caused a significant collision.
In last week’s case (Paguio v. Fraser) the Plaintiff was injured when his scooter collided with another vehicle. The Plaintiff suffered a “serious head injury” and his ability to give evidence surrounding the circumstances of the crash were limited.
The Plaintiff conceded that the vehicle he collided with did nothing wrong but alleged that an unidentified motorist cut the plaintiff off forcing him into the other vehicle. Mr. Justice Williams rejected this argument concluding that on a balance of probabilities the evidence did not support such a finding. Prior to doing so the Court listed the following applicable principles when faced with a claim based on circumstantial evidence:
 …I must be guided by certain basic concepts that govern the approach that must be taken to the proof of a plaintiff’s case where it rests on a base of circumstantial evidence. In Tweedie v. ICBC, 2002 BCSC 1937, Mr. Justice Wilson provided a helpful discussion of the approach that must be taken to the proof of a plaintiff’s case where it rests on a base of circumstantial evidence and provided reference to the applicable authorities.
 The principles as I understand are these:
(a) Where a case is not proved by direct evidence, the court will carefully examine and consider the relevant circumstantial evidence.
(b) Circumstantial evidence derives its effect through the process of the trier of fact drawing reasonable inferences. That is a cognitive process whereby, once certain facts are established or proven, then a logical conclusion is considered. It is the process of reasoning from a proven fact or facts to a reasonable, rational and logically legitimate conclusion.
(c) The drawing of an inference is different than mere conjecture or a guess, no matter how shrewd or plausible that guess might be.
(d) An inference, once properly drawn, must give rise to a reasonable conviction in the mind of the trier of fact that the element of which proof is necessary is at least more likely than not, or to some greater degree of certainty.
(e) The plaintiff can succeed in proving his case on the strength of a reasonable inference which gives rise to a conclusion that the element has been proven on a balance of probabilities. If the inference does not support the conclusion to that standard, then the proof is not made out.
 In the final analysis, applying these guiding principles, and having examined the evidence carefully, I have concluded that the circumstantial evidence proffered by the plaintiff does not enable me to find that the case has been proven to the necessary standard. The plaintiff has not met the onus of proof he bears to establish his claim and it must therefore stand dismissed.
bc injury law, circumstantial evidence, Mr. Justice Williams, Paguio v. Fraser, section 24 Insurance (Vehicle) Act
Get More Information
I simply want to tell you that I am just new to blogging and definitely liked your web-site. Likely I’m planning to bookmark your site . You really come with amazing article content. Appreciate it for sharing with us your web site.
Keep up the fantastic work , I read few articles on this web site and I conceive that your web blog is real interesting and holds bands of great info .
Hello.This post was really motivating, particularly since I was searching for thoughts on this topic last Monday.
Fantastic website. Plenty of useful info here. I’m sending it to several friends ans also sharing in delicious. And obviously, thanks for your sweat!
marcel van hooijdonk
Thank you a lot for sharing this with all folks you really understand what you are talking approximately! Bookmarked. Kindly also visit my site =). We will have a hyperlink alternate contract between us!
I’m truly enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Superb work!
Greetings! I’ve been following your weblog for a while now and finally got the courage to go ahead and give you a shout out from Houston Tx! Just wanted to mention keep up the fantastic job!
You have brought up a very wonderful details , thanks for the post.
Underground Elephant San Diego
Admiring the time and effort you put into your site and detailed information you present. It’s nice to come across a blog every once in a while that isn’t the same unwanted rehashed material. Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.
Hey! Do you know if they make any plugins to safeguard against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?
location de voiture luxe
Thanks for another informative blog. Where else could I get that type of information written in such a perfect way? I have a project that I’m just now working on, and I have been on the look out for such info.
I’m really enjoying the theme/design of your weblog. Do you ever run into any browser compatibility issues? A small number of my blog readers have complained about my site not operating correctly in Explorer but looks great in Opera. Do you have any ideas to help fix this issue?
You are a very clever individual!
you might have an amazing blog right here! would you like to make some invite posts on my blog?
agen poker online
Today, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a 25 foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!
agen poker online
Great items from you, man. I’ve understand your stuff previous to and you are just too fantastic. I actually like what you have bought here, certainly like what you’re saying and the way in which by which you are saying it. You are making it entertaining and you continue to care for to keep it wise. I can not wait to read far more from you. This is actually a great web site.
My brother suggested I might like this website. He was totally right. This post actually made my day. You cann’t imagine simply how much time I had spent for this info! Thanks!
Thank you for this article. I might also like to state that it can always be hard when you find yourself in school and just starting out to establish a long history of credit. There are many individuals who are only trying to pull through and have a lengthy or beneficial credit history can sometimes be a difficult thing to have.
I not to mention my guys have already been reading through the good helpful hints located on the blog and then suddenly got a terrible suspicion I had not expressed respect to the web blog owner for those tips. All the guys appeared to be absolutely warmed to learn all of them and have in effect seriously been taking pleasure in them. Thanks for truly being well kind as well as for having this sort of exceptional topics millions of individuals are really desperate to know about. My honest apologies for not expressing appreciation to earlier.
затворы sung do
Hey! This is my first visit to your blog! We are a group of volunteers and starting a new project in a community in the same niche. Your blog provided us beneficial information to work on. You have done a marvellous job!
Digital Marketing Wien
Digital Marketing Wien
I’m still learning from you, but I’m improving myself. I definitely liked reading everything that is posted on your site.Keep the aarticles coming. I loved it!
This is really fascinating, You are a very skilled blogger. I’ve joined your feed and look ahead to in quest of extra of your magnificent post. Additionally, I have shared your web site in my social networks!
I would like to point out my appreciation for your kindness for individuals that really want help with in this concern. Your very own commitment to getting the message across became surprisingly practical and have specifically made associates like me to get to their desired goals. The insightful guide means a great deal to me and further more to my peers. Regards; from all of us.
Many thanks for this article. I’d personally also like to mention that it can become hard if you find yourself in school and just starting out to initiate a long history of credit. There are many pupils who are just trying to endure and have long or good credit history can be a difficult factor to have.
I appreciate, cause I found exactly what I was looking for. You’ve ended my four day long hunt! God Bless you man. Have a nice day. Bye
I would like to thnkx for the efforts you have put in writing this web site. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing skills has inspired me to get my own site now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.
Thanks for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our local library but I think I learned more from this post. I’m very glad to see such great information being shared freely out there.
Thanks , I have just been looking for information about this subject for a long time and yours is the best I’ve found out till now. But, what about the conclusion? Are you positive in regards to the supply?
how to watch game of thrones free
Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how could we communicate?
whoah this weblog is fantastic i like reading your posts. Stay up the great paintings! You understand, many people are searching around for this info, you can help them greatly.
I was suggested this website via my cousin. I am no longer positive whether this publish is written by him as no one else recognize such exact approximately my problem. You are incredible! Thanks!
Many thanks for this article. I might also like to talk about the fact that it can become hard when you find yourself in school and simply starting out to initiate a long credit standing. There are many pupils who are only trying to make it through and have a protracted or positive credit history can occasionally be a difficult thing to have.
You can definitely see your expertise within the paintings you write. The arena hopes for even more passionate writers like you who are not afraid to say how they believe. Always go after your heart.
Great site. A lot of useful info here. I’m sending it to several friends ans also sharing in delicious. And certainly, thanks for your effort!
Praca Opieka Nad Osobami Starszymi
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such magnificent information being shared freely out there.
taydeville ft lil jay from crime
It is my belief that mesothelioma will be the most dangerous cancer. It has unusual traits. The more I look at it the more I am sure it does not act like a real solid human cancer. In case mesothelioma is often a rogue virus-like infection, so there is the chance of developing a vaccine as well as offering vaccination to asbestos uncovered people who are at high risk involving developing future asbestos connected malignancies. Thanks for revealing your ideas on this important health issue.
Howdy! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My weblog looks weird when browsing from my iphone. I’m trying to find a template or plugin that might be able to fix this problem. If you have any suggestions, please share. With thanks!
A person necessarily help to make severely posts I might state. This is the first time I frequented your web page and thus far? I surprised with the analysis you made to make this particular submit incredible. Excellent activity!
bulk alnico magnets
certainly like your web site but you need to check the spelling on quite a few of your posts. A number of them are rife with spelling issues and I find it very bothersome to tell the truth nevertheless I will definitely come back again.
Heya i am for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and help others like you helped me.
You made some nice points there. I did a search on the subject matter and found most people will agree with your site.
I am not sure where you’re getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this information for my mission.
Pozycjonowanie Cennika Gorzow Wielkopolski
you’re in reality a just right webmaster. The site loading velocity is incredible. It seems that you are doing any distinctive trick. Furthermore, The contents are masterwork. you’ve done a fantastic job on this matter!
Hello there, simply changed into aware of your weblog through Google, and located that it’s truly informative. I am gonna be careful for brussels. I’ll appreciate in the event you proceed this in future. Many people shall be benefited out of your writing. Cheers!
Nice read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch because I found it for him smile Therefore let me rephrase that: Thanks for lunch!
Thank you for some other wonderful post. The place else could anybody get that type of information in such a perfect approach of writing? I have a presentation next week, and I am on the look for such information.
Thanks for another informative web site. Where else could I get that type of info written in such an ideal way? I’ve a project that I’m just now working on, and I have been on the look out for such info.
obat kuat alami
I would like to thank you for the efforts you’ve put in writing this web site. I’m hoping the same high-grade blog post from you in the upcoming also. In fact your creative writing abilities has encouraged me to get my own blog now. Really the blogging is spreading its wings fast. Your write up is a great example of it.
Comments are closed.