Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
Further to my numerous posts revieiwng BC Supreme Court cases interpreting and applying Rule 37B following an injury claims trial, reasons for judgement were released today dealing with a unique issue; in exercising discretion under the Rule can the Court consider the conduct of the successful litigant? In today’s case (Lakhani v. Elliott) the Plaintiff […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC LVI (Low Velocity Impact) Cases, ICBC Shoulder Injury Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, highlighting an important truth in injury litigation – it is not up to ICBC’s doctors to decide if a Plaintiff’s pain complaints are legitimate, rather it is up to the Judge or Jury. In today’s case (Sharma v. Didiuk) the Plaintiff […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Knee Injury Cases, ICBC Privacy Issues, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Reasons for Judgement were released today by the BC Supreme Court, Vancouver Registry awarding a Plaintiff damages for injuries sustained in two BC motor vehicle collisions. In today’s case (MacIntyre v. Pitt Meadows Secondary School) the Plaintiff was involved in a total of three seperate accidents and sued. All three trials were heard together. His […]
Written by admin on . Posted in ICBC Brain Injury Cases, Uncategorized.
When people suffer from mild traumatic brain injuries (MTBI), it sometimes takes time for people to recognize the extent of the injury and the impact that the consequences of MTBI have on everyday life. Changes can be subtle but the impact could be dramatic. Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC Chronic Pain Cases, ICBC Psychological Injury Cases, ICBC Soft Tissue Injury Cases, Uncategorized.
One set of facts personal injury lawyers frequently encounter are Plaintiffs who sustain injuries in motor vehicle accidents and continue to have chronic pain well beyond the time that the objective injuries have healed. Pain is an inherently subjective condition and it is well accepted in peer-reviewed medical literature that pain can be present without […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal discussing two important legal principles in the context of personal injury claims, “In Trust” Claims and Document Disclosure requirements. By way of brief background, in today’s case (Dykeman v. Porohowski) the Plaintiff was injured in two motor vehicle accidents. Her matter went to […]
Written by admin on . Posted in ICBC Wrist Injury Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, awarding a Plaintiff $54,000 in damages for a wrist injury. In today’s case (Zigawe v. Rance) the Plaintiff was involved in a 2006 rear end car crash. The issue of fault was admitted by ICBC leaving the court to decide the […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my previous posts on this topic, reasons for judgement were released today considering whether to award a Plaintiff Supreme Court Costs in an ICBC Claim where the judgement amount was within the Small Claims Court’s jurisdiction. In today’s case (Mohamadi v. Tremblay) the Plaintiff was awarded $10,490 in his ICBC Claim after trial […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
(Update: December 14, 2011 – the below decision was modified somewhat by the BC Court of Appeal in reasons for judgement released today) ____________________________________ Precedents with respect to costs consequences under Rule 37B are still developing as this rule is slowly being molded into place. The one clear pattern under Rule 37B is that of […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry dealing with 2 types of pre-trial discovery procedures utilized in the Supreme Court, the scope of examination for discovery questions and requests for particulars. In today’s case (Gulamani v. Chandra) the Plaintiff alleged injury from 2 motor vehicle collisions some 10 […]