Written by admin on . Posted in ICBC Soft Tissue Injury Cases.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, largely rejecting claimed damages in a personal injury lawsuit due in part to concerns with the Plaintiff’s credibility and further due to Facebook photos entered as evidence at trial. In the recent case (Brennan v. Colinders) the Plaintiff was involved in […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, finding that past history of judicially rejected opinions is not in and of itself enough to dis-entitle a Defendant to compel a Plaintiff to attend an independent medical exam with their chosen physician. In today’s case (Wohlleben v. Dernisky) the Plaintiff sued […]
Written by admin on . Posted in Uncategorized.
In my ongoing efforts to highlight judicial criticism of expert witnesses who stray into advocacy, reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, excluding an expert report for numerous reasons including concerns about plagiarism. In today’s case (Anderson v. Pieters) the defence objected to the admissibility of a report […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, assessing damages of $25,000 for the aggravation of chronic pre-existing injuries. In this week’s case (Dorsey v. Bhindi) the Plaintiff was involved in a 2013 rear end collision. Liability was not at issue. The court voiced some credibility concerns regarding […]
Written by admin on . Posted in Uncategorized.
In the latest case (Preston v. Kontzamanis) of courts having critical comments for medico-legal practices, reasons for judgement were released today by the BC Supreme Court, Quesnel Registry, rejecting the opinion of a defence retained doctor who “did not meet with, examine or interview” the Plaintiff but nonetheless authored a report opining on the Plaintiff’s […]
Written by admin on . Posted in BCSC Civil Rule 12, Jury Trials.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering a retrial after a jury awarded special damages but nothing for non-pecuniary loss in a personal injury lawsuit. In today’s case (Harder v. Poettcker) the Plaintiff proceeded to jury trial after alleging injuries in a collision. The jury found the Plaintiff 85% […]
Written by admin on . Posted in ICBC Soft Tissue Injury Cases.
Reasons for judgement were released today by the BC Supreme Court, Kelowna Registry, assessing $20,000 in non-pecuniary damages for recovered soft tissue injuries. In today’s case (Scott v. Hoey) the Plaintiff was involved in a 2006 collision caused by the Defendant. The Plaintiff was 13 years old at the time of the collision and alleged […]
Written by admin on . Posted in ICBC Soft Tissue Injury Cases.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, assessing damages for modest soft tissue injuries sustained in a collision. In today’s case (Hall-Smith v. Yamelst) the Plaintiff was involved in a so called ‘low velocity’ collision in 2009. Fault was admitted by the offending motorist. The Plaintiff alleged she sustained […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Chilliwack Registry, ordering a Plaintiff to pay ICBC special costs following ‘reprehensible‘ conduct. In today’s case (Tambosso v. Holmes) the Plaintiff was injured in two collisions and sued for damages. Prior to trial the Plaintiff received $36,895 in tort advances from ICBC. After a […]
Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases.
Reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry, assessing the ‘low velocity impact’ defence. In this week’s case (Pitcher v. Brown) the Plaintiff was involved in a 2004 collision and sued for damages. The impact was a modest one. The Court rejected much of the Plaintiff’s claim following credibility/reliability […]