Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my recent post on this topic, often after serious motor vehicle collisions ICBC sends adjusters out to collect statements from the parties and known witnesses to the event. When a lawsuit for compensation is brought by an injured party ICBC sometimes does not disclose the witness statements to the Plaintiff on the basis […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Shoulder Injury Cases, ICBC Soft Tissue Injury Cases, Uncategorized.
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing damages for accident related soft tissue injuries and shoulder impingement. In last week’s case (Dial v. Grewal) the Plaintiff was involved in a 2006 BC motor vehicle collision. Fault for the crash was admitted focusing the trial on the value of the claim. The Plaintiff […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Settlement Law, Uncategorized.
Further to my previous posts on this topic, if a Plaintiff successfully sues in the BC Supreme Court but receives damages below $25,000 they may be deprived of their court ‘costs’ unless they had ‘sufficient reason’ for choosing the Supreme Court over small claims court. Two judgements were released this week by the BC Supreme […]
Written by admin on . Posted in BC Injury Claims Media Archives, Uncategorized.
Cross examination is one of most important skills of a trial lawyer. While there have been many useful texts written on the subject there is no better way to learn than seeing an effective cross-examination in action. Gerry Spence is considered by many to be one of the best lawyers of all time. Here is […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
Further to my recent post discussing this topic, reasons for judgement were released today by the BC Court of Appeal discussing parties responsibilities to disclose documents they intend to use at trial for cross-examination purposes. In today’s case (Cahoon v. Brideaux) the Plaintiff was injured in a BC motor vehicle collision. The crash was described […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
When a party to a personal injury lawsuit wishes to use documents at trial those documents have to be disclosed to the opposing side as per the BC Supreme Court Rules otherwise the evidence may not be admissible. Two recent cases from the BC Court of Appeal have clearly highlighted this. Today, reasons for judgement were released by […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Hearsay evidence is an out of Court statement introduced at trial for the truth of its contents. In British Columbia hearsay evidence is admissible in certain circumstances. BC Courts apply a ‘principled exception‘ to the general rule against hearsay evidence in circumstances where there is sufficient ‘necessity and reliability‘. What happens if a key witness […]
Written by admin on . Posted in Civil Procedure, independent medical exams, Uncategorized.
Further to my previous post discussing the topic of taping independent medical exams, reasons for judgement were released today demonstrating that BC Courts are not very receptive to such evidence if secretly obtained. In the 2006 case of Wong v. Wong the BC Court of Appeal made it clear that permission for a Plaintiff to […]
Written by admin on . Posted in ICBC Privacy Issues, ICBC Shoulder Injury Cases, Uncategorized.
As I’ve previously written, video surveillance in and of itself does not harm a persons ICBC claim, being caught in a lie does. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating this fact. In today’s case (Fata v. Heinonen) the Plaintiff was involved in a 2006 BC collision. […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
(Note: The below case was upheld by the BC Court of Appeal. You can find the BCCA decision here.) As recently discussed, when advancing an ICBC Claim in Court one of the first choices to make is whether to sue in BC Supreme Court or Small Claims Court. When a Plaintiff successfully sues in […]