Written by admin on . Posted in Civil Procedure, ICBC Ankle Injury Cases, ICBC Brain Injury Cases, ICBC Chronic Pain Cases, ICBC Elbow Injury Cases, ICBC Headache Cases, ICBC Knee Injury Cases, ICBC Liability (fault) Cases, ICBC Shoulder Injury Cases, Uncategorized.
Update March 21, 2014 – the Liability findings in the below case were upheld today by the BC Court of Appeal _____________________________________ Adding to this site’s ICBC Case Summary Archives, reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, assessing non-pecuniary damages for a traumatic brain injury sustained in a […]
Written by admin on . Posted in BCSC Civil Rule 6, Uncategorized.
Rule 6-1 deals with amendments to BC Supreme Court pleadings. Unless the opposing parties consent, once a trial date is set pleadings can only be amended with permission from the Court. Authorities under the former Rules of Court established a very low threshold for obtaining a Court’s permission. The first case I’m aware of dealing […]
Written by admin on . Posted in BCSC Civil Rule 22, Uncategorized.
In British Columbia the short answer is yes. Useful reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing this topic at length. In last week’s case (The Los Angeles Salad Company Inc. v. Canadian Food Inspection Agency) the Plaintiff’s lawyer filed an affidavit in support of two applications of […]
Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 5, independent medical exams, Uncategorized.
Can the BC Supreme Court order that parties use a joint expert in a personal injury trial against the wishes of one of the parties? Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing this question. In today’s case (Benedetti v. Breker) the Plaintiff was involved in a 2005 collision. He […]
Written by admin on . Posted in BCSC Civil Rule 1, BCSC Civil Rule 7, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing the scope of both discovery of documents and examinations for discovery under the new Rules of Court. In today’s case (More Marine Ltd. v. Shearwater Marine Ltd) the Plaintiff companies sued the Defendant alleging the breach of marine insurance policies. […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
As previously discussed, the BC Supreme Court Rules require parties to give discovery of relevant documents in their possession or control. Often times there are relevant documents that are not in the Plaintiff’s possession or control but the Plaintiff has the ability to easily get these documents. (For example medical records documenting accident related injuries.) Such records […]
Written by admin on . Posted in independent medical exams, Uncategorized.
I’ve written many times about the lucrative business of ‘independent‘ medical exams in the context of personal injury claims. Since ICBC is a public institution they disclose annual financial statements documenting how much they have paid various doctors. A review of these statements reveals that a handful of doctors get a lot of repeat business […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, discussing the scope of permissible questions at examinations for discovery under the new Civil Rules. In short, the Court noted that although the New Rules contain some changes with respect to the time permitted for discovery, precedents developed under the former rules […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Dr. Hymie Davis is a psychiatrist who has been frequently retained by ICBC to provide expert opinions as to the extent of Plaintiff’s accident related injuries. (You can click here to access my previous posts setting out the billings of Dr. Davis and other experts often retained by ICBC). In a judgement released last week, […]
Written by admin on . Posted in BCSC Civil Rule 7, ICBC Privacy Issues, Uncategorized.
(Note: The Decision discussed below was overturned by the BC Court of Appeal on August 25, 2011) As I’ve previously written, the Rules of Court require parties to a BC Supreme Court Civil Lawsuit to disclose relevant documents to opposing parties. Some documents are privileged and need not be exchanged but their existence needs to be disclosed […]