Plaintiff Ordered To Produce Past Settlement Details in Potential Indivisible Injury Claim

Written by admin on . Posted in Civil Procedure.

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff to disclose details of previous settlements in a personal injury prosecution.
In last week’s case (Dholliwar v. Yu) the Plaintiff was injured in three collisions.  The Plaintiff settled his first two claims.  In the third claim the Defendants requested details of the previous settlements and the Plaintiff did not produce these arguing the details were privileged.  The Court found the claims had overlapping and possibly indivisible injury claims and thus the details needed to be produced.  In reaching this decision Master Scarth reasoned as follows:

[10]         The cases set out the following principles which are applicable to this application:

a.               The public interest in the settlement of disputes generally requires “without prejudice” documents or communications created for, or communicated in the course of, settlement negotiations to be privileged:Middelkamp v. Fraser Valley Real Estate Board (1992), 71 B.C.L.R. (2d) 276 (C.A.).

b.               A final settlement agreement is covered under the Middelkamp blanket protection for settlement communications: B.C. Children’s Hospital v. Air Products Canada Ltd., 2003 BCCA 177, confirming a general policy of non-production of all documentation relating to settlement negotiations.

c.               To establish an exception to settlement privilege, the applicant must show that a competing public interest outweighs the public interest in encouraging settlement. An exception should only be found where the documents sought are both relevant, and necessary in the circumstances of the case to achieve either the agreement of the parties to the settlement, or another compelling or overriding interest of justice. Relevance alone is not sufficient to override the settlement privilege. See Middelkamp; Dos Santos v. Sun Life Assurance Co. of Canada, 2005 BCCA 4, para. 21.

d.               An exception to settlement privilege may be necessary to prevent injustice through excessive compensation to the plaintiff: Dos Santos, para. 29, citing Pete…

[26]         It has yet to be established here that the injuries arising from the third accident are indivisible from those in the first and second. However, on the basis that indivisibility is at issue, and that there is potential for over-compensation, it is appropriate to require disclosure of the settlement documents at this time. I accept the submission of the defendants that such disclosure is necessary, in that it may assist in the settlement of the plaintiff’s claims arising from the third accident. Disclosure at this time is consistent with the previous decisions of this Court in Pete and Murray. I am satisfied that the defendants here do not seek a purely tactical advantage, as the Court found in Phillips v. Stratton, 2007 BCSC 1298, but rather, they wish to have the information necessary to assess their exposure, both for purposes of settlement and in the preparation of their case for trial. 

[27]         In Dos Santos at para. 34, the Court stated that “significant weight should be given to the just disposition of pending litigation in determining whether the documents sought come within an exception to settlement privilege.” In my view, to find that the documents should be disclosed at this time is consistent with this approach.

[28]         To the extent that disclosure at this time raises concerns with respect to the fettering of the trial judge’s determination of damages, the parties may wish to agree that, as in Gnitrow Ltd, v. Cape plc, [2000] 3 All E.R. 763, the terms of the settlements not be disclosed to the trial judge until a determination of the damages payable by the defendant has been made: at para. 21.

[29]         In the circumstances, I conclude that it is appropriate to make an order for production of the documents which set out the terms of the settlements of the plaintiff’s claims arising from the two previous accidents.

[30]         The defendants are entitled to their costs in the cause.

bc injury law, Dholliwar v. Yu, Indivisible Injuries, Master Scarth

Comments (104)

  • you could try here

    I simply want to mention I am just beginner to blogging and site-building and truly liked this blog site. More than likely I’m want to bookmark your site . You amazingly have beneficial writings. Many thanks for revealing your webpage.

  • 릴게임사이트

    After study a couple of of the blog posts in your web site now, and I actually like your method of blogging. I bookmarked it to my bookmark website list and will be checking back soon. Pls check out my web page as well and let me know what you think.

  • 릴게임

    Hi! I’ve been reading your weblog for a while now and finally got the courage to go ahead and give you a shout out from Houston Texas! Just wanted to say keep up the great job!

  • WW88

    I have observed that rates for on-line degree pros tend to be an awesome value. Like a full Bachelors Degree in Communication with the University of Phoenix Online consists of Sixty credits with $515/credit or $30,900. Also American Intercontinental University Online provides a Bachelors of Business Administration with a complete program requirement of 180 units and a worth of $30,560. Online degree learning has made obtaining your certification far less difficult because you might earn your current degree from the comfort of your abode and when you finish from work. Thanks for all tips I have certainly learned from your web site.

  • W88Thai

    F*ckin’ awesome issues here. I’m very satisfied to see your article. Thanks so much and i’m having a look ahead to touch you. Will you please drop me a mail?

  • 먹튀 폴리스

    Another issue is that video games are usually serious in nature with the primary focus on learning rather than enjoyment. Although, there’s an entertainment facet to keep the kids engaged, every single game is generally designed to develop a specific expertise or curriculum, such as math or scientific research. Thanks for your post.

  • 먹튀폴리스 검증업체

    Hey there just wanted to give you a brief heads up and let you know a few of the images aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  • The Shake up 4 Real

    you are really a good webmaster. The web site loading speed is amazing. It seems that you are doing any unique trick. Also, The contents are masterwork. you’ve done a wonderful job on this topic!

  • venta por catalogo

    Great beat ! I wish to apprentice while you amend your site, how could i subscribe for a blog web site? The account aided me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear idea

  • marcel van hooijdonk

    I just couldn’t leave your website prior to suggesting that I extremely enjoyed the usual info a person provide to your guests? Is going to be again frequently to inspect new posts

  • Schädlingsbekämpfung

    you are truly a just right webmaster. The website loading speed is incredible. It seems that you are doing any unique trick. Also, The contents are masterwork. you have done a great job in this matter!

  • retrospective

    obviously like your website but you have to check the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very bothersome to tell the truth nevertheless I will surely come back again.

  • Werbeanimation Wien

    A formidable share, I simply given this onto a colleague who was doing a little bit evaluation on this. And he actually purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love studying more on this topic. If possible, as you become experience, would you thoughts updating your weblog with more details? It is extremely helpful for me. Massive thumb up for this blog post!

  • 2D Animation Wien

    There are some fascinating closing dates on this article but I donít know if I see all of them heart to heart. There is some validity but I will take maintain opinion until I look into it further. Good article , thanks and we wish extra! Added to FeedBurner as properly

  • poker

    I precisely desired to say thanks once again. I’m not certain the things that I would have created in the absence of the tactics documented by you over my field. It has been a very frustrating case in my view, nevertheless witnessing the very well-written manner you treated the issue took me to jump over contentment. Extremely grateful for the assistance and hope you really know what an amazing job that you’re undertaking teaching people thru a web site. I’m certain you’ve never come across all of us.

  • agen poker online

    This is the best blog for anybody who desires to find out about this topic. You understand a lot its almost hard to argue with you (not that I actually would want…HaHa). You positively put a new spin on a subject thats been written about for years. Great stuff, simply nice!

  • agen poker online

    You can definitely see your enthusiasm within the work you write. The world hopes for more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

  • location range rover

    I enjoy you because of all your valuable hard work on this web site. My daughter takes pleasure in doing research and it is easy to understand why. Almost all learn all of the dynamic ways you deliver simple secrets on your blog and as well as foster contribution from some other people on that issue then our favorite child is now discovering a whole lot. Take pleasure in the remaining portion of the new year. You are doing a remarkable job.

  • agen poker online

    You can definitely see your skills in the work you write. The world hopes for even more passionate writers like you who are not afraid to say how they believe. Always go after your heart.

  • poker

    I beloved up to you’ll obtain performed right here. The cartoon is tasteful, your authored material stylish. however, you command get bought an impatience over that you wish be delivering the following. unwell without a doubt come more until now again since precisely the similar nearly a lot regularly within case you protect this hike.

  • online poker

    Nice weblog here! Also your site rather a lot up very fast! What web host are you the use of? Can I get your associate hyperlink for your host? I want my web site loaded up as fast as yours lol

  • 릴 게임

    My spouse and i were very glad when Michael could do his web research while using the ideas he was given out of your site. It’s not at all simplistic just to continually be giving away points that many other folks have been trying to sell. And we all do know we need you to thank for this. The type of explanations you have made, the straightforward blog menu, the relationships you aid to create – it’s mostly fabulous, and it’s helping our son in addition to the family know that that topic is thrilling, which is certainly truly fundamental. Thank you for the whole lot!

  • poker

    Oh my goodness! an amazing article dude. Thank you However I’m experiencing difficulty with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting identical rss downside? Anyone who knows kindly respond. Thnkx

  • מצלמות אבטחה

    Thanks for another fantastic post. Where else could anybody get that type of info in such a perfect way of writing? I have a presentation next week, and I’m on the look for such information.

  • online poker

    I have been absent for a while, but now I remember why I used to love this website. Thanks , I will try and check back more often. How frequently you update your website?

  • W88

    An added important component is that if you are an older person, travel insurance regarding pensioners is something you ought to really consider. The more mature you are, the greater at risk you’re for getting something undesirable happen to you while in foreign countries. If you are not necessarily covered by a few comprehensive insurance cover, you could have many serious problems. Thanks for sharing your advice on this web site.

  • W88

    I believe that is one of the so much significant info for me. And i am glad reading your article. However want to remark on some general things, The web site style is perfect, the articles is in point of fact great : D. Just right task, cheers

  • lån

    Hello there, just changed into aware of your weblog through Google, and located that it’s truly informative. I am gonna be careful for brussels. I will be grateful should you continue this in future. Many other people will likely be benefited out of your writing. Cheers!

  • låna pengar

    Hola! I’ve been reading your weblog for a while now and finally got the courage to go ahead and give you a shout out from Dallas Texas! Just wanted to tell you keep up the good work!

  • Porn Sites List

    Betrayed cheerful declared end and. Questions we additions is extremely incommode. Next half add call them eat face. Age lived smile six defer bed their few. Had admitting concluded too behaviour him she. Of death to or to being other.

  • bestpornsites.guide

    Rendered her for put improved concerns his. Ladies bed wisdom theirs mrs men months set. Everything so dispatched as it increasing pianoforte. Hearing now saw perhaps minutes herself his. Of instantly excellent therefore difficult he northward. Joy green but least marry rapid quiet but. Way devonshire introduced expression saw travelling affronting. Her and effects affixed pretend account ten natural. Need eat week even yet that. Incommode delighted he resolving sportsmen do in listening.

  • 야마토 릴게임

    We’re a gaggle of volunteers and starting a new scheme in our community. Your web site provided us with helpful information to work on. You’ve performed an impressive process and our entire community might be thankful to you.

  • Рудра голая беркинг

    I have mastered some new points from your site about computers. Another thing I’ve always considered is that laptop computers have become something that each home must have for many people reasons. They offer convenient ways to organize the home, pay bills, shop, study, listen to music and also watch tv programs. An innovative strategy to complete these tasks has been a laptop computer. These pc’s are portable ones, small, powerful and mobile.

  • затворы sung do

    hello!,I like your writing so much! share we communicate more about your post on AOL? I require an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.

  • 토토 사이트

    I know this if off topic but I’m looking into starting my own blog and was wondering what all is needed to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100 positive. Any suggestions or advice would be greatly appreciated. Appreciate it

  • 토토 사이트

    Hiya, I’m really glad I have found this info. Today bloggers publish only about gossips and internet and this is really annoying. A good website with exciting content, that is what I need. Thank you for keeping this web-site, I’ll be visiting it. Do you do newsletters? Can’t find it.

  • 토토사이트

    I found your weblog web site on google and check just a few of your early posts. Continue to keep up the excellent operate. I simply further up your RSS feed to my MSN News Reader. Seeking ahead to studying extra from you afterward!…

  • 토토사이트

    fantastic put up, very informative. I’m wondering why the opposite specialists of this sector do not understand this. You must proceed your writing. I’m sure, you have a huge readers’ base already!

  • lifeguard training near me

    I have been browsing on-line greater than three hours as of late, yet I by no means found any fascinating article like yours. It is beautiful value sufficient for me. Personally, if all website owners and bloggers made just right content material as you did, the internet will be a lot more useful than ever before.

  • เช่าโต๊ะเก้าอี้

    I happen to be writing to let you be aware of of the helpful experience my wife’s daughter gained going through your webblog. She learned such a lot of details, with the inclusion of how it is like to possess a great coaching spirit to let other folks quite simply completely grasp some very confusing things. You truly exceeded people’s desires. I appreciate you for giving such insightful, trusted, edifying as well as unique tips about that topic to Sandra.

  • เช่ารถตู้ Vip

    Hello just wanted to give you a quick heads up. The words in your post seem to be running off the screen in Chrome. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I figured I’d post to let you know. The design and style look great though! Hope you get the issue fixed soon. Kudos

  • เช่ารถตู้ Vip

    I do accept as true with all the ideas you have offered on your post. They are very convincing and will certainly work. Still, the posts are too short for beginners. Could you please prolong them a bit from next time? Thanks for the post.

  • 먹튀폴리스 가족방

    Unquestionably believe that which you said. Your favorite reason appeared to be on the net the easiest thing to be aware of. I say to you, I certainly get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side-effects , people can take a signal. Will likely be back to get more. Thanks

  • w88

    I was just seeking this info for a while. After 6 hours of continuous Googleing, finally I got it in your site. I wonder what’s the lack of Google strategy that don’t rank this type of informative sites in top of the list. Generally the top websites are full of garbage.

  • 야마토 릴게임

    That is very interesting, You’re an excessively professional blogger. I have joined your feed and look forward to seeking extra of your wonderful post. Also, I’ve shared your web site in my social networks!

  • 야마토 게임

    hey there and thank you for your information – I’ve certainly picked up something new from right here. I did however expertise some technical issues using this website, as I experienced to reload the website lots of times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and can damage your quality score if ads and marketing with Adwords. Well I am adding this RSS to my email and could look out for much more of your respective intriguing content. Ensure that you update this again soon..

  • game of thrones watch online

    Today, while I was at work, my cousin stole my apple ipad and tested to see if it can survive a 40 foot drop, just so she can be a youtube sensation. My apple ipad is now destroyed and she has 83 views. I know this is totally off topic but I had to share it with someone!

  • 우리카지노 계열

    Do you mind if I quote a few of your articles as long as I provide credit and sources back to your blog? My blog is in the very same area of interest as yours and my users would really benefit from some of the information you present here. Please let me know if this okay with you. Many thanks!

  • 메이저토토사이트

    Needed to send you one tiny remark to finally say thanks a lot as before for these pretty pointers you have discussed on this website. This is incredibly generous of you giving unhampered all that many individuals could possibly have made available as an electronic book to end up making some dough for their own end, precisely given that you might well have tried it if you considered necessary. These tactics as well acted to become easy way to fully grasp that other people have the same dreams similar to my very own to see somewhat more with respect to this problem. I’m certain there are thousands of more pleasant occasions ahead for many who go through your site.

  • 토토사이트

    Thank you a lot for providing individuals with such a spectacular possiblity to read articles and blog posts from this site. It is usually very enjoyable and jam-packed with fun for me personally and my office peers to visit your website not less than three times a week to read through the new tips you have. And lastly, I am actually happy for the very good knowledge you serve. Selected 2 points in this article are easily the most impressive I have had.

  • 먹튀폴리스 가족방

    A formidable share, I just given this onto a colleague who was doing just a little analysis on this. And he the truth is bought me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love reading more on this topic. If potential, as you become experience, would you thoughts updating your weblog with extra details? It is extremely helpful for me. Large thumb up for this weblog submit!

  • 먹튀검증

    My brother suggested I might like this blog. He was entirely right. This post truly made my day. You can not imagine just how much time I had spent for this info! Thanks!

  • lifeguard courses

    Awesome blog you have here but I was wanting to know if you knew of any forums that cover the same topics talked about here? I’d really like to be a part of online community where I can get responses from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thanks!

  • lifeguard certificate

    I simply couldn’t leave your website before suggesting that I really enjoyed the usual information an individual provide in your visitors? Is gonna be back incessantly in order to check up on new posts

  • 릴게임

    Thank you for another fantastic post. The place else may anyone get that kind of information in such a perfect method of writing? I’ve a presentation next week, and I am on the search for such info.

  • 야마토 게임

    Someone essentially lend a hand to make critically posts I’d state. That is the first time I frequented your website page and so far? I surprised with the analysis you made to make this actual submit incredible. Great job!

  • 메이저사이트

    I just couldn’t go away your website prior to suggesting that I extremely enjoyed the usual information an individual provide for your visitors? Is gonna be again ceaselessly to inspect new posts

  • 파워볼사이트

    One more thing I would like to state is that as opposed to trying to match all your online degree programs on days that you end work (as most people are drained when they get back), try to arrange most of your instructional classes on the week-ends and only a couple courses for weekdays, even if it means a little time away from your saturday and sunday. This is really good because on the saturdays and sundays, you will be more rested and also concentrated for school work. Thx for the different ideas I have learned from your blog.

  • W88

    Thank you for the sensible critique. Me & my neighbor were just preparing to do some research about this. We got a grab a book from our area library but I think I learned more from this post. I’m very glad to see such excellent info being shared freely out there.

  • custom smco magnets

    Thanks, I have recently been searching for information about this topic for a long time and yours is the best I have came upon till now. However, what concerning the conclusion? Are you positive about the supply?

  • 먹튀폴리스 신고

    Great ¡V I should definitely pronounce, impressed with your website. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Quite unusual. Is likely to appreciate it for those who add forums or something, website theme . a tones way for your customer to communicate. Excellent task..

  • graphic tees

    Hi, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam responses? If so how do you reduce it, any plugin or anything you can advise? I get so much lately it’s driving me insane so any support is very much appreciated.

  • custom tees

    It’s a pity you don’t have a donate button! I’d certainly donate to this superb blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Chat soon!

  • 메이저사이트 가격

    You really make it seem so easy with your presentation but I find this matter to be really something that I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • 먹튀폴리스 먹튀

    Today, I went to the beach with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She put the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is totally off topic but I had to tell someone!

  • 메이저사이트

    You can definitely see your skills in the work you write. The world hopes for even more passionate writers such as you who are not afraid to say how they believe. At all times go after your heart.

  • Seo Google Gorzow

    Thank you for sharing excellent informations. Your website is very cool. I’m impressed by the details that you’ve on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found just the info I already searched all over the place and just could not come across. What an ideal web site.

  • nonton film

    I’m really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you modify it yourself? Either way keep up the excellent quality writing, it’s rare to see a great blog like this one these days..

  • lk21

    I am very happy to read this. This is the type of manual that needs to be given and not the accidental misinformation that’s at the other blogs. Appreciate your sharing this greatest doc.

  • 먹튀검증 사이트

    I think this is among the most important information for me. And i am glad reading your article. But wanna remark on some general things, The website style is perfect, the articles is really excellent : D. Good job, cheers

  • 토토사이트 추천

    Thanks so much for providing individuals with an extraordinarily splendid possiblity to discover important secrets from this blog. It’s usually very awesome and full of a great time for me personally and my office colleagues to visit your site at the very least 3 times in 7 days to find out the new issues you have. And lastly, we are certainly fascinated considering the magnificent advice you give. Selected two points in this posting are in fact the most beneficial I have had.

  • obat kuat

    I’m not sure where you are getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for fantastic information I was looking for this info for my mission.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer