ICBC Injury Claims, Disclosure Requirements and Credibility


Litigants in the BC Supreme Court have to make pre-trial disclosure in a variety of ways.  Some of this compelled disclosure may reflect poorly on a party’s credibility but if the documents or evidence is otherwise producible it must be disclosed to the other side despite the potentially harmful effects on your case.  What about documents or facts that don’t relate to the lawsuit directly but do address a parties credibility?  Can these documents be forced to be disclosed?
The answer is usually no.  Credibility, as important as it is, is considered a ‘collateral issue‘ in litigation and matters relating solely to credibility are deemed irrelevant in terms of pre-trial disclosure.  Reasons for judgement were released today by the BC Supreme Court discussing this.
In today’s case (Bay v. Pasieka) the Plaintiff was involved in a 2005 intersection car crash in Kelowna, BC.  The Plaintiff sued the alleged at fault motorist.   In the pre-trial discovery process the Defendant stated he had no recollection of the accident.  In exploring why the Defendant had no recollection the Plaintiff’s lawyer asked him whether he might have been taking any medication at the time of the crash which may have affected his memory to which he replied “I don’t know if I took medication that would affect my memory“.
The Plaintiff’s lawyer brought a motion for the production of the Defendant’s MSP history along with clinical records of treating physicians who cared for the Defendant in the relevant time frame to test “the creditility of the defendant” and to provide “some explanation for why he has no recollection of the accident“.
Master Young ultimately dismissed the motion holding that the evidence on the application was not sufficient for production of the sought records.  Before reaching this conclusion Master Young made some useful comments with respect to sought disclosure in ICBC Injury Claims relating solely to issues of credibility.  Specifically she held as follows:
Credibility is a collateral issue, as stated in the decision of Sandhu (Guardian ad litem of) v. Philipow (1996), 24 B.C.L.R. (3d) 78 (S.C.), and that decision says that it is not a matter which can be examinable in discovery. The defendant quotes from the decision in Roberts v. Singh, 2006 BCSC 906, which confirms that principle and quotes several other decisions which I have reviewed..These records are only being demanded to challenge his credibility, which is not a relevant issue.
There is caselaw that suggests that matters relating solely to credibility may be produced when punitive damages are being claimed (see for example Rioux v. Smith; 1983, 43 BCLR 392) but otherwise it is important to note that credibility is a ‘collateral issue‘ and not relevant for the purposes of pre-trial disclosure.

Bay v. Pasieka, collateral issue, credibility, discovery of documents, examinations for discovery, icbc injury claims, Master Young, pre trial disclosure

Comments (48)

  • I just want to say I’m beginner to weblog and absolutely enjoyed this website. Almost certainly I’m going to bookmark your blog . You absolutely come with good article content. Bless you for sharing your website page.

  • Spot on with this write-up, I really assume this website wants much more consideration. I’ll most likely be once more to read far more, thanks for that info.

  • Hi there very nice blog!! Guy .. Beautiful .. Amazing .. I’ll bookmark your website and take the feeds also…I’m satisfied to find a lot of helpful info right here in the put up, we want work out more techniques on this regard, thank you for sharing.

  • I’ve been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all webmasters and bloggers made good content as you did, the internet will be a lot more useful than ever before.

  • I wish to show some thanks to the writer for rescuing me from this particular crisis. Just after searching throughout the online world and finding tips which are not beneficial, I assumed my entire life was over. Living without the presence of solutions to the issues you have solved by way of the report is a crucial case, as well as the kind that would have in a negative way damaged my career if I had not noticed the blog. Your own ability and kindness in maneuvering the whole thing was excellent. I am not sure what I would have done if I hadn’t discovered such a step like this. I’m able to at this time relish my future. Thanks a lot very much for your reliable and sensible guide. I will not think twice to suggest your blog to anyone who needs care on this issue.

  • I think that is one of the such a lot significant information for me. And i am happy reading your article. But want to observation on some common issues, The web site style is perfect, the articles is really nice : D. Good activity, cheers

  • Please let me know if you’re looking for a article writer for your weblog. You have some really great articles and I believe I would be a good asset. If you ever want to take some of the load off, I’d really like to write some content for your blog in exchange for a link back to mine. Please blast me an e-mail if interested. Kudos!

  • A person necessarily help to make significantly articles I might state. That is the first time I frequented your web page and to this point? I surprised with the analysis you made to create this particular publish extraordinary. Excellent activity!

  • I have witnessed that rates for internet degree gurus tend to be an awesome value. For instance a full Bachelors Degree in Communication in the University of Phoenix Online consists of Sixty credits at $515/credit or $30,900. Also American Intercontinental University Online comes with a Bachelors of Business Administration with a total course requirement of 180 units and a tariff of $30,560. Online learning has made obtaining your higher education degree been so cool because you could earn your current degree in the comfort of your dwelling place and when you finish from office. Thanks for all the other tips I’ve learned from your website.

  • Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but other than that, this is great blog. A fantastic read. I will certainly be back.

  • great submit, very informative. I wonder why the other specialists of this sector don’t realize this. You must proceed your writing. I am confident, you’ve a great readers’ base already!

  • What i don’t understood is in truth how you’re now not really a lot more well-favored than you may be now. You are very intelligent. You realize therefore significantly when it comes to this matter, made me for my part believe it from numerous numerous angles. Its like men and women are not interested until it is one thing to accomplish with Lady gaga! Your individual stuffs excellent. All the time deal with it up!

  • I am really impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a nice blog like this one today..

  • What i do not understood is actually how you’re now not actually much more well-favored than you might be now. You’re very intelligent. You realize therefore considerably when it comes to this subject, made me for my part believe it from numerous numerous angles. Its like women and men don’t seem to be fascinated until it is something to accomplish with Girl gaga! Your personal stuffs outstanding. All the time take care of it up!

  • With havin so much content do you ever run into any problems of plagorism or copyright infringement? My website has a lot of unique content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the internet without my authorization. Do you know any techniques to help stop content from being ripped off? I’d definitely appreciate it.

  • Thanks for the sensible critique. Me and my neighbor were just preparing to do some research about 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 info being shared freely out there.

  • Someone essentially help to make seriously articles I would state. This is the first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish amazing. Great job!

  • I do agree with all the concepts you have presented in your post. They are really convincing and will definitely work. Still, the posts are too short for novices. Could you please extend them a little from subsequent time? Thank you for the post.

  • The core of your writing whilst sounding reasonable initially, did not work properly with me personally after some time. Someplace throughout the sentences you actually managed to make me a believer but only for a very short while. I however have a problem with your leaps in logic and you might do nicely to help fill in those breaks. When you actually can accomplish that, I will undoubtedly end up being amazed.

  • You could definitely see your expertise in the work you write. The sector hopes for even more passionate writers like you who are not afraid to mention how they believe. At all times go after your heart.

  • Definitely believe that which you said. Your favorite justification appeared to be on the web the simplest thing to be aware of. I say to you, I definitely get annoyed while people consider worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  • I don’t even understand how I stopped up right here, however I thought this post was once good. I do not recognise who you might be but definitely you’re going to a well-known blogger in the event you aren’t already 😉 Cheers!

  • Hey there! I’ve been following your website for a long time now and finally got the bravery to go ahead and give you a shout out from New Caney Texas! Just wanted to tell you keep up the excellent job!

  • What i don’t realize is if truth be told how you’re no longer actually much more well-favored than you might be now. You’re very intelligent. You know therefore considerably in the case of this subject, produced me personally believe it from numerous varied angles. Its like women and men aren’t fascinated until it’s something to do with Girl gaga! Your own stuffs nice. At all times deal with it up!

  • Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a bit, but instead of that, this is magnificent blog. A great read. I’ll certainly be back.

  • Hi there, I found your blog via Google while looking for a related topic, your site came up, it looks good. I have bookmarked it in my google bookmarks.

  • Hi, Neat post. There’s an issue along with your site in web explorer, may check this… IE nonetheless is the market chief and a huge section of folks will miss your fantastic writing due to this problem.

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