Written by admin on . Posted in BCSC Civil Rule 5, BCSC Civil Rule 7.
Last year I highlighted a decision confirming that the Court’s powers under the new rules of court don’t allow orders to be made which will trump legitimate privilege claims. Reasons for judgement were released earlier this month by the BC Supreme Court, Vancouver Registry, confirming this principle. In the recent case (Blackwell v. Kwok) the Defendant sought […]
Written by admin on . Posted in BCSC Civil Rule 5, BCSC Civil Rule 7, Uncategorized.
Earlier this year I highlighted two judgements (here and here) discussing that the New Rules of Court don’t allow the Court to override solicitor’s privilege. Further reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, confirming this principle. In the recent case (Nowe v. Bowerman) the Plaintiff was injured in a 2008 […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, dealing with the limits of the Court’s power to order litigants to reveal which experts they may rely on at trial. In the recent case (Amezcua v. Norlander) the Plaintiff was injured in two separate collisions. The first took place some 14 […]
Written by admin on . Posted in Civil Procedure, ICBC No-Fault (Part 7) Benefits, Uncategorized.
(Update February 12, 2015 – the below decision was overturned in reasons for judgement released today by the BC Court of Appeal) _________________________ I previously discussed the Two Hats of ICBC and suggested fixing the conflict of interest this creates. Reasons for judgement were released earlier this year by the BC Supreme Court, Vancouver Registry, […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
As recently discussed, claims for litigation privilege can fail when a defendant’s insurer collects statements and information shortly after a collision in what is deemed to be the ‘investigative stage‘. The simple reason being that such documents typically are not created for the dominant purpose of litigation. This analysis, however, does not necessarily translate easily to statements obtained by Plaintiffs following a crash because […]
Written by admin on . Posted in Uncategorized.
Interesting reasons for judgement were released last month by the BC Supreme Court, Vancouver Registry, addressing whether an otherwise privileged statement can be ordered to be produced in litigation where the statement was given by the opposing party. In last month’s case (Cliff v. Dahl) the Plaintiff was injured in a collision when he was […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
A trend developing in BC Caselaw is the demonstrated difficulty ICBC has trying to withhold documents in a personal injury lawsuit based on their ‘investigative’ responsibilities. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this topic. In this week’s case (Gilbert v. Nelson) the Plaintiff was injured in a […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
Further to my previous article on this topic, reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, addressing the circumstances when a defence litigation privilege claim will fail due to records being created during ICBC’s “investigative stage” following a collision. In last week’s case (Bako v. Gray) the Plaintiff […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 5, BCSC Civil Rule 7, Civil Procedure, Uncategorized.
Reasons for judgement were recently brought to my attention discussing the scope of powers of the Court at Case Planning Conferences. Specifically the Court found that Rule 5-3 does not provide the power to over-ride common law principles of privilege. In the recent case (Galvon v. Hopkins) the Plaintiff was injured in a motor vehicle […]
Written by admin on . Posted in BCSC Civil Rule 1, independent medical exams, Uncategorized.
Useful reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, discussing the scope of litigation privilege when a Plaintiff attends an independent medical exam arranged on their behalf in the course of a personal injury lawsuit. In this week’s case (Lanteigne v. Brkopac) the Plaintiff was injured in a 2008 […]