Written by admin on . Posted in BCSC Civil Rule 7, Civil Procedure.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, finding that a witness who is willing to communicate through counsel should not be compelled to attend a pre-trial examination under oath. In today’s case (Cabezas v. HMTQ) the Plaintiff was involved in a single vehicle accident and sued the Defendants claiming […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archives of judicial criticism of ‘advocate’ expert witnesses, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry rejecting the evidence of a defence expert on the basis of advocacy. In today’s case (Davidge v. Fairholm) the Plaintiff was involved in a 2009 rear end collision. Fault was […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams.
Reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry, addressing court orders for late defence medical exams. In this week’s case (Jackson v. Yusishen) the Defendant brought an application for a ‘responsive’ functional capacity evaluation. Mr. Justice Barrow dismissed the application finding that on the facts before him the evidentiary […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
UPDATE June 5, 2014 – This decision was overturned on appeal with the Defendant being found fully at fault ____________ As previously discussed, when an emergency vehicle is responding to a call and is involved in a collision fault does not automatically rest with the other vehicle. All of the circumstances surrounding the […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 7.
While the BC Supreme Court can order a Plaintiff to undergo an independent medical exam to allow the opposing party to obtain a ‘responsive’ report, a clear evidentiary foundation must exist in order for such an application to succeed. Unreported reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, demonstrating this. […]
Written by admin on . Posted in BCSC Civil Rule 8, Uncategorized.
Rule 8-5 of the BC Supreme Court Rules allows an application to be brought on short notice in cases of “urgency”. A transcript of proceedings from the BC Supreme Court, Nanaimo Registry, was recently shared with me denying a short leave application in a case of “manufactured urgency”. In the recent case (Thuler v. Garcia) […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams, Uncategorized.
Adding to this growing database of caselaw considering the relationship of Rule 7-6 and Rule 11-6(4), reasons for judgement were recently released by the BC Supreme Court, Chilliwack Registry, demonstrating that “responding” independent medical exams will not be granted as a matter of course. In the recent case (Godfrey v. Black) the Plaintiff was injured […]
Written by admin on . Posted in ICBC Soft Tissue Injury Cases, Uncategorized.
As previously discussed, frequent doctor visits in and of themselves add no value to a personal injury claim. Seeing a doctor simply to ‘paper’ a personal injury claim really does nothing to add to the amount of compensation a claimant is entitled to receive not to mention that it creates a costly and unnecessary burden on the […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams, Uncategorized.
(Update November 16, 2011 – The case discussed in the below post has now been published and full reasons for judgement can be found here) One of the patterns that is becoming very clear under the New Rules of Court is that Parties ignore the 84 day requirement for exchange of expert evidence at their […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 7, independent medical exams, Uncategorized.
As previously discussed, a debate has arisen about if and when a Defendant is allowed to compel a Plaintiff to attend an ‘independent‘ medical exam in order to obtain a ‘responding‘ report under the BC Supreme Court Rules. Very useful reasons were released this week by the BC Supreme Court, Victoria Registry, addressing and reconciling […]