Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today by the BC Court of Appeal ordering a new trial after a document book was admitted ‘en masse’ along with a discovery transcript in a personal injury jury trial. In today’s case (Han v. Park) the Plaintiff was injured in a 1999 collision that the Defendant admitted fault for. The […]
Written by admin on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Chilliwack Registry, rejecting aspects of a personal injury claim in part due to postings from the Plaintiff’s Facebook page. In today’s case (Tambosso v. Holmes) the Plaintiff was involved in two collisions. The Plaintiff claimed significant injuries and sued for damages. Mr. Justice […]
Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases.
Reasons for judgement were released today by the BC Court of Appeal (Pacheco v. Antunovich) overturning a trial judgement which dismissed an injury claim following a so-called low velocity impact. The Court found the trial judge made palpable and overriding errors in his assessment of the evidence. In reaching this conclusion the Court of Appeal […]
Written by admin on . Posted in BCSC Civil Rule 12, Jury Trials.
Reasons for judgment were released today by the BC Supreme Court, New Westminster Registry, ordering a retrial following a ‘perverse’ jury finding. In today’s case (Kalsi v. Gill) the Plaintiff was injured in a vehicle collision. A jury found both parties equally to blame and after factoring the liability split awarded the Plaintiff $10,000 for […]
Written by admin on . Posted in ICBC Thoracic Outlet Syndrome Cases, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, assessing damages for Thoracic Outlet Syndrome caused and aggravated by a series of collisions. In today’s case (Griffith v. Larsen) the Plaintiff was involved in three rear end collisions. The Court found the first collision caused TOS or at least […]
Written by admin on . Posted in BCSC Civil Rule 9.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, denying a Plaintiff double costs after modestly beating a pre-trial formal settlement offer. In today’s case (Barnes v. Lima) the Plaintiff was injured in a collision and sued for damages. The morning before trial the Plaintiff tabled a $60,000 formal settlement offer. […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived cases criticizing expert witnesses for advocacy, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, criticizing the evidence of a defense hired psychiatrist. In today’s case (Yang v. Engen) the Plaintiff was injured in a 2011 intersection collision. Fault was admitted by the Defendant. The […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived database of judgments addressing adverse inferences in personal injury lawsuits, reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, drawing such an inference. In today’s case (Rogalsky v. Harrett) the Plaintiff was involved in a relatively modest collision in 2010. Fault was admitted. The […]
Written by admin on . Posted in BCSC Civil Rule 11.
Sometimes expert witnesses attach lengthy appendices to their reports setting out the materials they have reviewed or interview summaries. Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing this practice. In today’s case (Maras v. Seemore Entertainment Ltd) a variety of expert reports were challenged prior to a lengthy jury […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Two judgement were released this week by the BC Supreme Court demonstrating that formal settlement offers made late in the litigation process are still capable of triggering costs consequences. In the first case (Dennis v. Fothergill) the Plaintiff was injured in a motor vehicle collision and sued for damages. The Defendant made a formal […]