Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Court of Appeal finding that trial judges do have authority to award special costs against litigants even in circumstances where no litigation misconduct occurred. In today’s case (Tanious v. The Empire Life Insurance Company) the Plaintiff was insured with the Defendant. She became disabled and sought […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, ordering production of a statement from a Defendant to ICBC to be disclosed to the Plaintiff in a personal injury lawsuit. In today’s case (Canning v. Mann) the Plaintiff was injured in a crash and sued for damages. The Defendant provided ICBC […]
Written by admin on . Posted in Uncategorized.
As reported last week by the Vancouver Sun, ICBC’s top brass have handed out directives to adjusters to withdraw settlement offers on existing claims and re-assess claims not by the law but by internal criteria the media have dubbed the ‘meat chart’. Details of these instructions are slowly coming to light and it appears ICBC […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
In exceptional circumstances lawyers can be ordered to be personally on the hook for costs when litigation goes awry. Today the BC Court of Appeal discussed when such orders are warranted and when they are not. In today’s case (Nuttall v. Krekovich) the Plaintiff was seriously injured in a hit and run accident. A lawsuit was started […]
Written by admin on . Posted in ICBC Privacy Issues.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, allowing the introduction of video surveillance evidence despite counsel failing to disclose this evidence on their list of documents. In today’s case (Karpowicz v. Glessing) the Plaintiff was involved in a collision and sued for damages. The Defendant “retained a private investigator […]
Written by admin on . Posted in BCSC Civil Rule 7.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry finding defendants at fault for a vehicle collision and further ordering double costs to be paid following an ‘unreasonable’ refusal to admit facts set out in a notice to admit. In today’s case (Ceperkovic v. MacDonald) the Defendants were sued for a […]
Written by admin on . Posted in BCSC Civil Rule 7.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering broad document production from past litigation in a case of potential indivisible injuries. In today’s case (Easton v. Chen) the Plaintiff was injured in a 2011 collision and sued for damages. The Plaintiff was also involved in four prior collisions that […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing a request to produce documents relating to the settlement of a previous personal injury claim in the prosecution of a subsequent claim. In today’s case (Gamble v. Brown) the Plaintiff was injured in a 2009 collision, brought a claim for damages […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, ordering a plaintiff to disclose the results of a private MRI to defendants. In today’s case (Prothero v. Togeretz) the Plaintiff was injured in a collision and sued for damages. In the course of the lawsuit the Plaintiff’s physician wished for […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff to disclose details of previous settlements in a personal injury prosecution. In last week’s case (Dholliwar v. Yu) the Plaintiff was injured in three collisions. The Plaintiff settled his first two claims. In the third claim the Defendants […]