Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my recent post on this topic, often after serious motor vehicle collisions ICBC sends adjusters out to collect statements from the parties and known witnesses to the event. When a lawsuit for compensation is brought by an injured party ICBC sometimes does not disclose the witness statements to the Plaintiff on the basis […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
Further to my recent post discussing this topic, reasons for judgement were released today by the BC Court of Appeal discussing parties responsibilities to disclose documents they intend to use at trial for cross-examination purposes. In today’s case (Cahoon v. Brideaux) the Plaintiff was injured in a BC motor vehicle collision. The crash was described […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues, Uncategorized.
A developing area of law is electronic discovery. In the personal injury context the BC Supreme Court Rules require relevant, non privileged documents to be disclosed to opposing counsel. The definition of document includes “any information recorded or stored by any means of any device“. So, if there is relevant information, be it printed, on a computer […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Can a lawyer be held personally liable to his client or to the opposing party for Court Costs incurred because of unreasonable steps taken in a lawsuit? The answer is yes and today the BC Court of Appeal provided lengthy reasons addressing this important issue. In today’s case (Nazmdeh v. Spraggs) the lawyer represented a […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues, Uncategorized.
As I’ve previously written, when a person sues for damages in the BC Supreme Court they give up certain privacy rights with respect to records (both theirs and those in the hands of third parties) to the extent necessary to ensure that relevant unprivileged documents are disclosed to have a fair trial. In the context […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal discussing two important legal principles in the context of personal injury claims, “In Trust” Claims and Document Disclosure requirements. By way of brief background, in today’s case (Dykeman v. Porohowski) the Plaintiff was injured in two motor vehicle accidents. Her matter went to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were published this week on the BC Supreme Court Website dealing with disclosure of past medical records in the context of an ICBC Injury Claim. In this week’s case (Sidhu v. Dhani) the Plaintiff was involved in a 2006 BC Car Crash and sued for damages. In the course of the lawsuit […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry dealing with 2 types of pre-trial discovery procedures utilized in the Supreme Court, the scope of examination for discovery questions and requests for particulars. In today’s case (Gulamani v. Chandra) the Plaintiff alleged injury from 2 motor vehicle collisions some 10 […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues.
When you sue for damages in the BC Supreme Court in an ICBC Injury Claim you are subject to certain rules of compelled disclosure. These rules require you to give verbal, documentary and even physical discovery (independent medical exams). When ICBC gets access to this private information in the lawsuit process it is subject to […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today by the BC Supreme Court dealing with this interesting issue. In today’s case (MacEachern v. Rennie) the Plaintiff ‘suffered traumatic brain injury when her head came into contact with a tractor trailer while she was walking or riding her bicycle along King George Highway in Surrey, BC” In the […]