ICBC Claims and Requests for "Particulars"


When suing for compensation in an ICBC claim the BC Supreme Court Rules contain various ways to force disclosure of information.  From requiring the exchange of relevant documents, permitting the parties to attend an examination for discovery and even forcing an ‘independent medical exam’ in certain circumstances there are many tools which can be used to learn about your opponents case.
One further tool is the request for “particulars“.  If a party to a lawsuit is not clear what the other side is formally putting in issue they can ask for clarification by making a demand for particulars under Rule 3-7(23) of the Rules of Court.  There are, however, limits to the use of this Rule and this was demonstrated in reasons for judgement released this week by the BC Supreme Court.
In this week’s case (Yousofi v. Phillips) the Plaintiff was injured in a motor vehicle collision.  He sued for damages seeking compensation for, amongst other things, past and future wage loss, past and future medical expenses, past and future disability and out of pocket expenses.  ICBC’s lawyer demanded that the Plaintiff provide particulars of these claims.  The Plaintiff refused arguing that this was an inappropriate request.  Mr. Justice Hinkson agreed with the Plaintiff and in dismissing the Defence motion made the following useful comments about the limited use requests for particulars should have in ICBC injury claims:

The entitlement of a party to particulars…is discussed by Mr. Justice Joyce in Delaney & Friends Cartoon Productions Ltd. v. Radical Entertainment Inc. et al, 2005 BCSC 371, beginning at paragraph 9.

[4] In that case, His Lordship makes the point that:

Particulars are provided to disclose what the pleader intends to prove. How that party intends to prove the material facts and particulars is a matter of evidence. The pleading party is not required to, and indeed, is not entitled to set out in the pleadings the evidence that he or she intends to adduce at trial to prove the facts that have been pleaded.

[5] In David et al v. Her Majesty the Queen in Right of Canada et al, 2004 BCSC 1306, Mr. Justice Cohen considered the distinction between the material facts and evidence and referred to an earlier decision of Mr. Justice Joyce when he was a master of this court, Firestone v. Smith, [1991] B.C.J. No. 2660 (S.C.)(QL), where Master Joyce said at paragraph 11:

In my view the concern raised by the plaintiff at this stage is that he does not know but would like to know now what precise evidence the defendant may lead in support of his allegations of fact. In my respectful opinion the plaintiff is not entitled to ascertain the evidentiary basis of the defendant’s case by way of this demand for particulars.

[6] Turning to the notice of motion for particulars, the particulars sought at a relatively late juncture following examinations for discovery include a request for further and better particulars with respect to:

(a)      The Plaintiff’s Past and Prospective Loss of Enjoyment of Life

In my view, that is an inappropriate request for particulars and is a matter that can and should be pursued by way of examination for discovery. In my view, it is not necessary to provide particulars with respect to that head of damage.

(b)      The Plaintiff’s Past and Prospective Physical Disability

The injuries alleged by the plaintiff have been set out in the statement of claim and the extent of his disability arising therefrom is not a matter that is required as an item of pleadings. It, too, should be pursued by examination for discovery.

(c)      The Plaintiff’s Past and Prospective Loss of Earnings

Insofar as the past loss of earnings is concerned, this is information that can be identified and quantified and should be provided by the plaintiff to the defendant. It is not, in my view, appropriate that it be provided as particulars, but I am satisfied it should be provided in some fashion to the defendant, and I am going to direct that the plaintiff quantify his claim for past loss of earnings and provide that information to the defendant.

Insofar as prospective loss of earnings is concerned, I am not satisfied that that is a matter that can be necessarily particularized, and I leave it to the defendant to pursue that through examinations for discovery.

(d)      The Plaintiff’s Past and Prospective Loss of Earning Capacity

Like the prospective loss of earnings, I do not consider this to be an appropriate subject matter for particulars, and it is a matter that can be pursued by way of examination for discovery.

(e)      The Plaintiff’s Past and Prospective Loss of Opportunity to Earn Income

This is a head that is hard to distinguish from past and prospective loss of earning capacity. To the extent there is any difference, in my view it should be treated the same as the request for particulars of past and prospective loss of earning capacity.

(f)       The Plaintiff’s Past and Prospective Loss of Housekeeping Capacity

This is another matter that in my view does not warrant particularization in the pleadings. It can be pursued through examinations for discovery.

(g)      The Trust Award on Behalf of the Plaintiff’s Friends and Family

This, too, is not a matter that, in my view, should be dealt with by way of particulars, with this exception:  The individual or individuals for whom a trust award is claimed should be identified in the statement of claim where the trust award is advanced.

(h)      The Plaintiff’s Special Damages

These are matters that should be identified by the plaintiff for the defendant, but not as particulars of the pleadings.

bc injury law, discovery, Mr. Justice Hinkson, Particulars, Rule 3, Rule 3-7(22), Rule 3-7(23), Yousofi v. Phillips

Comments (111)

  • I just want to say I am just new to blogging and site-building and certainly savored your web site. Likely I’m planning to bookmark your website . You amazingly have exceptional articles. Thanks for sharing your web site.

  • I just want to mention I’m new to blogs and absolutely enjoyed this blog site. More than likely I’m planning to bookmark your blog post . You surely come with tremendous stories. Appreciate it for revealing your blog.

  • Appreciating the hard work you put into your website and detailed information you present. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed material. Fantastic read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

  • Good day! This post could not be written any better! Reading this post reminds me of my old room mate! He always kept talking about this. I will forward this write-up to him. Pretty sure he will have a good read. Thanks for sharing!

  • Yesterday, while I was at work, my cousin stole my iPad and tested to see if it can survive a forty foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  • My brother suggested I might like this web site. He was entirely right. This post truly made my day. You can not imagine simply how much time I had spent for this info! Thanks!

  • I really appreciate this post. I have been looking everywhere for this! Thank goodness I found it on Bing. You have made my day! Thank you again!

  • Hey There. I found your blog using msn. This is an extremely well written article. I will make sure to bookmark it and come back to read more of your useful information. Thanks for the post. I will certainly comeback.

  • What i don’t understood is actually how you are not really much more well-liked than you might be now. You are so intelligent. You realize thus significantly relating to this subject, made me personally consider it from so many varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!

  • hi!,I like your writing very much! share we communicate more about your article on AOL? I need a specialist on this area to solve my problem. May be that’s you! Looking forward to see you.

  • I do consider all the ideas you’ve presented to your post. They are really convincing and will definitely work. Nonetheless, the posts are very short for starters. Could you please lengthen them a bit from next time? Thanks for the post.

  • I¡¦ve been exploring for a bit for any high-quality articles or weblog posts in this sort of area . Exploring in Yahoo I at last stumbled upon this web site. Reading this information So i am satisfied to express that I have an incredibly just right uncanny feeling I found out exactly what I needed. I such a lot for sure will make certain to don¡¦t fail to remember this web site and provides it a glance on a relentless basis.

  • I think other website proprietors should take this website as an model, very clean and great user genial style and design, let alone the content. You are an expert in this topic!

  • Thanks for discussing your ideas. I would also like to state that video games have been at any time evolving. Technology advances and innovative developments have made it simpler to create genuine and fun games. All these entertainment games were not as sensible when the real concept was first being tried out. Just like other areas of technology, video games also have had to develop through many decades. This is testimony towards fast continuing development of video games.

  • Hey There. I discovered your weblog the use of msn. That is an extremely smartly written article. I will be sure to bookmark it and return to learn extra of your useful information. Thanks for the post. I’ll definitely return.

  • Thanks , I have recently been searching for info about this topic for ages and yours is the best I have discovered till now. But, what about the bottom line? Are you sure about the source?

  • I like what you guys are up also. Such smart work and reporting! Carry on the superb works guys I’ve incorporated you guys to my blogroll. I think it will improve the value of my web site 🙂

  • I haven¡¦t checked in here for a while since I thought it was getting boring, but the last few posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • What i do not realize is in truth how you’re not really a lot more neatly-liked than you might be now. You are so intelligent. You already know thus significantly in the case of this topic, made me personally believe it from numerous various angles. Its like women and men are not involved unless it’s one thing to do with Lady gaga! Your personal stuffs nice. Always care for it up!

  • Greetings from California! I’m bored at work so I decided to browse your site on my iphone during lunch break. I enjoy the info you provide here and can’t wait to take a look when I get home. I’m surprised at how quick your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, very good blog!

  • Its like you read my thoughts! You seem to grasp so much approximately this, such as you wrote the guide in it or something. I believe that you just can do with some p.c. to force the message house a bit, however instead of that, this is magnificent blog. A fantastic read. I’ll definitely be back.

  • Great write-up, I’m regular visitor of one’s web site, maintain up the excellent operate, and It is going to be a regular visitor for a lengthy time.

  • I like the valuable information you provide in your articles. I will bookmark your blog and check again here regularly. I’m quite sure I will learn many new stuff right here! Good luck for the next!

  • Hmm is anyone else having problems with the images on this blog loading? I’m trying to find out if its a problem on my end or if it’s the blog. Any suggestions would be greatly appreciated.

  • Thanks for sharing superb informations. Your site is so cool. I’m impressed by the details that you have on this website. It reveals how nicely you perceive this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found simply the info I already searched all over the place and just could not come across. What a perfect site.

  • Hello, i think that i saw you visited my website thus i came to “return the favor”.I am trying to find things to enhance my site!I suppose its ok to use some of your ideas!!

  • Thanks for your publication. I also think laptop computers are becoming more and more popular currently, and now in many cases are the only kind of computer found in a household. The reason is that at the same time that they are becoming more and more affordable, their computing power is growing to the point where they may be as strong as desktop computers from just a few years ago.

  • hey there and thank you for your information – I have certainly picked up anything new from right here. I did however expertise some technical points using this website, since I experienced to reload the site a lot of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I’m complaining, but sluggish loading instances times will often affect your placement in google and could damage your high-quality score if advertising and marketing with Adwords. Well I’m adding this RSS to my email and could look out for a lot more of your respective intriguing content. Ensure that you update this again soon..

  • Thank you, I’ve recently been looking for info about this topic for a long time and yours is the best I’ve discovered till now. But, what in regards to the bottom line? Are you sure about the supply?

  • I do enjoy the way you have presented this particular situation plus it does indeed give me a lot of fodder for consideration. However, through everything that I have personally seen, I just trust as the actual comments pile on that people keep on point and not start upon a soap box associated with some other news du jour. All the same, thank you for this excellent piece and even though I do not really agree with this in totality, I regard your standpoint.

  • I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • Appreciate it for helping out, good information. “A man will fight harder for his interests than for his rights.” by Napoleon Bonaparte.

  • Excellent post. I was checking constantly this blog and I’m impressed! Very useful info particularly the last part 🙂 I care for such info a lot. I was looking for this certain information for a long time. Thank you and best of luck.

  • Have you ever considered about including a little bit more than just your articles? I mean, what you say is important and everything. However just imagine if you added some great graphics or video clips to give your posts more, “pop”! Your content is excellent but with pics and clips, this blog could definitely be one of the most beneficial in its field. Fantastic blog!

  • Thanks for your article. My partner and i have generally seen that the majority of people are eager to lose weight as they wish to show up slim as well as attractive. Nonetheless, they do not constantly realize that there are additional benefits to losing weight in addition. Doctors insist that fat people experience a variety of illnesses that can be perfectely attributed to their particular excess weight. The great news is that people who are overweight as well as suffering from numerous diseases can reduce the severity of their illnesses through losing weight. You possibly can see a progressive but notable improvement in health whenever even a moderate amount of losing weight is achieved.

  • Hello! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Appreciate it!

  • Superb blog! Do you have any hints for aspiring writers? I’m hoping to start my own site soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m totally confused .. Any ideas? Cheers!

  • A person necessarily help to make seriously posts I would state. This is the very first time I frequented your website page and thus far? I surprised with the research you made to create this actual submit amazing. Great activity!

  • This is really interesting, You are a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your wonderful post. Also, I’ve shared your website in my social networks!

  • Wonderful story, reckoned we could combine a handful of unrelated data, nevertheless really really worth taking a appear, whoa did one particular find out about Mid East has got far more problerms at the same time.

  • Thank you a bunch for sharing this with all people you really realize what you’re talking about! Bookmarked. Kindly also visit my website =). We could have a link alternate agreement among us!

  • Thanks for your whole efforts on this site. Ellie enjoys going through investigations and it’s simple to grasp why. A lot of people notice all of the dynamic tactic you provide good tricks via this web blog and in addition attract response from some other people on that theme so our princess is without question studying a whole lot. Enjoy the remaining portion of the year. Your performing a great job.

  • I would like to point out my gratitude for your kind-heartedness for folks that need help on this question. Your very own commitment to getting the message along has been quite interesting and have usually empowered associates like me to realize their targets. Your new warm and friendly help implies so much a person like me and a whole lot more to my peers. Thank you; from all of us.

  • Hello would you mind letting me know which web host you’re utilizing? I’ve loaded your blog in 3 completely different web browsers and I must say this blog loads a lot quicker then most. Can you recommend a good internet hosting provider at a reasonable price? Many thanks, I appreciate it!

  • Just wish to say your article is as astounding. The clearness in your put up is just excellent and i can think you are knowledgeable on this subject. Well along with your permission let me to clutch your RSS feed to stay up to date with impending post. Thanks one million and please keep up the gratifying work.

  • You actually make it seem so easy with your presentation but I find this matter to be actually something which I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • Every the moment in a even though we select blogs that we study. Listed below would be the latest internet sites that we choose.

  • Hey There. I found your blog using msn. This is an extremely well written article. I’ll be sure to bookmark it and return to read more of your useful information. Thanks for the post. I’ll definitely return.

  • Thank you 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 am very glad to see such excellent information being shared freely out there.

  • We stumbled over here from a different website and thought I might check things out. I like what I see so now i am following you. Look forward to looking over your web page for a second time.

  • Hey there, You’ve done a fantastic job. I’ll definitely digg it and personally suggest to my friends. I’m sure they’ll be benefited from this site.

  • obviously like your web-site but you have to take a look at the spelling on quite a few of your posts. Several of them are rife with spelling problems and I to find it very bothersome to tell the truth however I will surely come again again.

  • hello there and thank you for your information – I have certainly picked up something new from right here. I did however expertise several technical issues using this website, since I experienced to reload the web site lots of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but slow loading instances times will often affect your placement in google and can damage your high quality score if ads and marketing with Adwords. Well I am adding this RSS to my email and can look out for a lot more of your respective exciting content. Ensure that you update this again very soon..

  • Today, I went to the beach front with my children. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!

  • Great goods from you, man. I have understand your stuff previous to and you are just too great. I actually like what you’ve acquired here, certainly like what you’re stating and the way in which you say it. You make it enjoyable and you still care for to keep it smart. I can’t wait to read far more from you. This is actually a wonderful website.

  • Once I originally commented I clicked the -Notify me when new feedback are added- checkbox and now every time a remark is added I get 4 emails with the identical comment. Is there any means you possibly can remove me from that service? Thanks!

  • Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your weblog? My blog is in the exact same area of interest as yours and my users would really benefit from some of the information you provide here. Please let me know if this ok with you. Thanks a lot!

  • Great – I should definitely pronounce, impressed with your site. I had no trouble navigating through all the tabs and related info ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your customer to communicate. Nice task..

  • Usually I do not read post on blogs, however I would like to say that this write-up very compelled me to try and do so! Your writing style has been surprised me. Thank you, very nice post.

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