Written by admin on . Posted in Uncategorized.
Update February 3, 2015 – the below judgement was successfully appealed and remitted for a new trial. The appeal was based on grounds other than the below excerpt. ________________________________ Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, confirming that the principle sum borrowed when in need following collision […]
Written by admin on . Posted in Uncategorized.
While BC Courts do recognize that the cost of medical marijuana can form a basis for damages in a personal injury claim, one matter that, to my knowledge, has never been addressed is whether failing to take prescribed medical marijuana can amount to a failure to mitigate damages. This issue was dealt with in reasons […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were recently published by the BC Supreme Court, Vancouver Registry, discussing the discretion to reopen a case prior to judgement to call new evidence. In the recent case (Kostecki v. Li) the Plaintiff was injured in a collision and sued for damages. In the course of the trial she was cross examined […]
Written by admin on . Posted in ICBC LVI (Low Velocity Impact) Cases.
Update March 10, 2015 – The below decision was overturned by the BC Court of Appeal which found that the trial judge made “palpable and overriding error” in the assessment of the evidence. A new trial was ordered. _______________________________________ Credibility plays a vital role when advancing a claim with subjective injuries. Negative credibility findings can […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Earlier this year the BC Supreme Court dismissed a lawsuit following a fight between two adults at a Pee Wee baseball game. Prior to trial the Defendant made several fairly modest settlement offers, one of which was a formal offer giving the Court the discretion to award double costs. In finding it was unreasonable for […]
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Plaintiff credibility is integral to prosecutions involving chronic soft tissue injuries. If a Plaintiff’s credibility is successfully attacked the underlying claim can be impacted accordingly. Reasons for judgement were released this week by the BC Supreme Court, Nelson Registry, demonstrating this. In this week’s case (Harshenin v. MacLeod) the Plaintiff was involved in a significant […]
Written by admin on . Posted in ICBC Chronic Pain Cases, Uncategorized.
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registy, addressing non-pecuniary damages for injuries imposed on a plaintiff with significant pre-existing difficulties. In last week’s case (Campbell v. Van Den Broek) the Plaintiff was injured in a 2010 collision. The Defendant admitted fault. The court was presented with competing and “not […]
Written by admin on . Posted in ICBC Liability (fault) Cases.
Interesting reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dismissing a plaintiff’s claim following a bicycle/vehicle collision. In last week’s case (Miles v. Kumar) the Plaintiff was cycling Eastbound along Grandview Highway in Vancouver when he moved from the right into the left lane in preparation for a left […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
One of the more difficult fact patterns to predict the outcome of is when will a Plaintiff be granted costs when they sue in the BC Supreme Court but are awarded damages below $25,000 (the monetary jurisdiction of the Provincial Court in BC). You can click here to read archived decisions addressing this. Adding to […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
In a fairly routine exercise of the Court’s discretion, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff to pay the Defendant’s trial costs for failing to best a pre-trial formal settlement offer in a personal injury claim. In this week’s case (Wilson v. Honda Canada Financial […]