Examinations for Discovery and Proper Objections in ICBC Injury Claims

Written by admin on . Posted in Civil Procedure, Uncategorized.

Reasons for judgement were released yesterday by the BC Supreme Court, Vancouver Registry, discussing examinations for discovery in ICBC Injury Claims and the proper way to frame objections.
In yesterday’s case (Day v. Hume) the Plaintiff allegedly suffered a brain injury as a result of a serious motor vehicle accident.  In the course of being examined for discovery the Plaintiff’s lawyer ‘intervened on several occasions and, in the end, terminated the examination after 50 minutes over (the objection of the ICBC defence lawyer).’
As a result ICBC’s lawyer brought a motion seeking to dismiss the Plaintiff’s lawsuit on the basis that he unreasonably refused to answer questions put to him in discovery.
Madam Justice Smith of the BC Supreme Court declined to grant ICBC this relief and in doing so highlighted some points about the proper course of objecting to questions in examinations for discovery.  I reproduce the highlights of the courts discussion below:

[20]            The principles emerging from the authorities are clear.  An examination for discovery is in the nature of cross-examination and counsel for the party being examined should not interfere except where it is clearly necessary to resolve ambiguity in a question or to prevent injustice.  Intervention should not be in a form that suggests to a witness what a desirable answer might be.  As stated by Garson J. in Forliti v. Woolley, the proper conduct of counsel is to state the objection to the form of the question and the reasons for the objection, but it is not appropriate to make comments, suggestions, or criticism. 

[21]            There was no real disagreement about the legal principles, except that Mr. Maryn submitted that it must be recognized that the practice has changed since Cominco was decided in that it is now necessary to bring on an application in Chambers with respect to disputes about relevance or other matters at examinations for discovery.  Mr. Maryn submitted that it is quite appropriate for counsel to have a discussion about what might make a line of inquiry relevant and he suggested that if counsel for the defendant had been more forthcoming in this case, some of the problems leading to this application might have been avoided. 

[22]            Mr. Maryn also submitted that, in this case, where his client has suffered a brain injury and consequential memory loss, it was appropriate to remind him during the course of the examination for discovery not to make guesses.  Mr. Duplessis’s submission on that point was that it is not appropriate to remind a witness of such instructions and that any of Mr. Maryn’slegitimate concerns could be resolved through appropriate re-examination at the end of the examination for discovery. 

[23]            Looking at the transcript in this case, while possibly Mr. Maryn would have been justified in reminding his witness once not to guess or speculate and his initial comment to that effect was probably appropriate, his statement after question 39… went well beyond a reminder….  

[24]            There was also disagreement as to whether or not counsel for the party under examination for discovery can make statements for the record at the examination for discovery.  Mr. Duplessis took the position that it is not open to counsel to state things for the record.  I disagree.  Although, as I have stated, counsel for the party under examination should not make comments unless they are clearly necessary, it may be appropriate for counsel making an objection to state briefly what the objection is based upon.  First, that may lead to a resolution of the matter through discussion between counsel and avoid this kind of application.  Second, it facilitates a determination of the issue by the court if there is an application to compel an answer.  However, objections by counsel should be concise and to the point….


Civil Procedure, day v. hume, examinatinon for discovery, icbc injury claims, objections

Comments (60)

  • important source

    I simply want to mention I am just very new to blogging and site-building and definitely liked this web page. Almost certainly I’m going to bookmark your blog . You certainly come with exceptional posts. Appreciate it for sharing with us your web-site.

  • W88 Thailand

    Hello there, I found your blog by way of Google while looking for a comparable matter, your website came up, it seems to be great. I’ve bookmarked it in my google bookmarks.

  • marcel van hooijdonk

    Very nice post and straight to the point. I am not sure if this is actually the best place to ask but do you guys have any thoughts on where to get some professional writers? Thanks 🙂

  • Schädlingsbekämpfung

    Hello this is kind of of off topic but I was wanting to know if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get advice from someone with experience. Any help would be greatly appreciated!

  • 야마토게임

    Howdy! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really enjoy your content. Please let me know. Cheers

  • situs poker online

    wonderful post, very informative. I wonder why the other specialists of this sector don’t notice this. You should continue your writing. I’m sure, you have a huge readers’ base already!

  • poker online

    Howdy! This is my first visit to your blog! We are a team of volunteers and starting a new project in a community in the same niche. Your blog provided us valuable information to work on. You have done a marvellous job!

  • situs poker online

    Wonderful goods from you, man. I’ve understand your stuff previous to and you are just too wonderful. I actually like what you’ve acquired here, certainly like what you are saying and the way in which you say it. You make it entertaining and you still take care of to keep it smart. I can not wait to read much more from you. This is actually a tremendous website.

  • 릴게임바다이야기

    The following time I read a blog, I hope that it doesnt disappoint me as much as this one. I imply, I know it was my choice to learn, however I truly thought youd have one thing interesting to say. All I hear is a bunch of whining about one thing that you could fix when you werent too busy searching for attention.

  • online poker

    Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research about this. We got a grab a book from our local library but I think I learned more clear from this post. I am very glad to see such wonderful information being shared freely out there.

  • m w88

    Thanks for your post here. One thing I’d like to say is always that most professional job areas consider the Bachelor’s Degree like thejust like the entry level requirement for an online certification. Although Associate Diplomas are a great way to start out, completing ones Bachelors opens up many opportunities to various jobs, there are numerous online Bachelor Course Programs available by institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another concern is that many brick and mortar institutions give Online variations of their diplomas but usually for a significantly higher fee than the providers that specialize in online diploma programs.

  • http://bestpornsites.guide/

    In no impression assistance contrasted. Manners she wishing justice hastily new anxious. At discovery discourse departure objection we. Few extensive add delighted tolerably sincerity her. Law ought him least enjoy decay one quick court. Expect warmly its tended garden him esteem had remove off. Effects dearest staying now sixteen nor improve.

  • Magallon bearking

    Hello there, just became aware of your blog through Google, and found that it’s really informative. I’m gonna watch out for brussels. I will be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • 야마토

    Thanks for another informative web site. Where else could I get that kind of information written in such an ideal way? I have a project that I am just now working on, and I’ve been on the look out for such information.

  • 토토 사이트

    Thanks for every other informative blog. The place else may just I am getting that type of information written in such an ideal manner? I have a mission that I’m just now working on, and I have been at the glance out for such info.

  • รับจัดงานแต่งงาน

    hello there and thank you for your information – I have definitely picked up something new from right here. I did however expertise several technical issues using this site, since I experienced to reload the website lots of times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I’m complaining, but sluggish loading instances times will sometimes affect your placement in google and can damage your high-quality score if advertising and marketing with Adwords. Anyway I’m adding this RSS to my email and could look out for a lot more of your respective fascinating content. Make sure you update this again very soon..

  • lifeguard classes

    You could definitely see your enthusiasm within the paintings you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. At all times go after your heart.

  • w88

    With havin so much content and articles do you ever run into any issues of plagorism or copyright violation? My site has a lot of exclusive content I’ve either created myself or outsourced but it appears a lot of it is popping it up all over the web without my permission. Do you know any techniques to help stop content from being ripped off? I’d definitely appreciate it.

  • 토토사이트 추천

    Thanks a bunch for sharing this with all of us you actually know what you are talking about! Bookmarked. Please also visit my site =). We could have a link exchange arrangement between us!

  • ให้เช่าเก้าอี้

    hello there and thank you to your information – I have certainly picked up anything new from proper here. I did on the other hand expertise a few technical points the usage of this web site, since I experienced to reload the web site a lot of times previous to I could get it to load correctly. I were thinking about in case your hosting is OK? Now not that I’m complaining, but sluggish loading circumstances instances will often have an effect on your placement in google and could harm your high quality score if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I’m including this RSS to my e-mail and can look out for much more of your respective interesting content. Make sure you update this once more very soon..

  • 먹튀 폴리스

    I don’t even know the way I finished up here, but I believed this post was good. I don’t recognize who you might be however definitely you are going to a well-known blogger when you are not already 😉 Cheers!

  • 먹튀 검증

    You can definitely see your expertise in the work you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. Always follow your heart.

  • Praca Dla Opiekunki

    You can definitely see your enthusiasm within the work you write. The world hopes for even more passionate writers such as you who aren’t afraid to mention how they believe. Always follow your heart. “In America, through pressure of conformity, there is freedom of choice, but nothing to choose from.” by Peter Ustinov.

  • lifeguard certification

    There are certainly a variety of particulars like that to take into consideration. That is a nice level to convey up. I offer the ideas above as common inspiration but clearly there are questions just like the one you deliver up where the most important thing will probably be working in trustworthy good faith. I don?t know if finest practices have emerged around issues like that, but I am positive that your job is clearly recognized as a good game. Both girls and boys really feel the affect of just a second’s pleasure, for the rest of their lives.

  • 야마토 릴게임

    Thanks for your strategies. One thing I’ve got noticed is banks as well as financial institutions have in mind the spending habits of consumers while also understand that a lot of people max away their own credit cards around the holiday seasons. They wisely take advantage of this particular fact and start flooding ones inbox and also snail-mail box by using hundreds of no interest APR credit cards offers immediately after the holiday season comes to an end. Knowing that when you are like 98 of the American general public, you’ll jump at the possiblity to consolidate credit debt and transfer balances for 0 APR credit cards.

  • 먹튀폴리스 가족방

    I do trust all the ideas you have offered for your post. They’re really convincing and can certainly work. Still, the posts are very short for newbies. May just you please extend them a little from subsequent time? Thanks for the post.

  • judi online

    We’re a group of volunteers and starting a new scheme in our community. Your web site provided us with valuable info to work on. You have done an impressive job and our whole community will be thankful to you.

  • judi bola online

    Heya i’m for the first time here. I came across this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you helped me.

  • W88

    I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again!

  • custom smco magnets

    Just desire to say your article is as astonishing. The clearness for your submit is simply excellent and that i could assume you’re an expert in this subject. Fine along with your permission allow me to clutch your RSS feed to keep updated with imminent post. Thank you a million and please keep up the rewarding work.

  • 먹튀검증

    I have been exploring for a little for any high quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this info So i am happy to convey that I have an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make sure to don’t forget this site and give it a glance regularly.

  • custom tshirts

    Youre so cool! I dont suppose Ive learn anything like this before. So good to find any person with some unique thoughts on this subject. realy thank you for starting this up. this website is one thing that’s wanted on the web, somebody with just a little originality. useful job for bringing something new to the web!

  • 먹튀폴리스 사이트

    Thank you, I have recently been looking for information approximately this subject for a long time and yours is the greatest I have came upon till now. But, what in regards to the bottom line? Are you sure in regards to the source?

  • nonton film

    Undeniably consider that which you stated. Your favorite justification seemed to be at the internet the easiest factor to take into account of. I say to you, I definitely get irked even as people think about concerns that they just don’t recognise about. You managed to hit the nail upon the top as well as outlined out the entire thing without having side-effects , other people could take a signal. Will likely be back to get more. Thank you

  • obat kuat

    Hey there! This is my first visit to your blog! We are a team of volunteers and starting a new project in a community in the same niche. Your blog provided us useful information to work on. You have done a outstanding job!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer