At-Scene Admission Tips the Scales at Liability Trial

Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.

As previously discussed, admissions in the aftermath of a collision can be important evidence when a liability case proceeds to trial.  Reasons for judgement were released this week where such evidence was the crucial tipping point.
In this week’s case (Koshman v. Brodis) the parties were involved in an intersection collision. Both claimed to have a green light.  Both had independent witnesses confirming their versions of events.  Ultimately the Court held that while it was a close call the Plaintiff likely had the green light and held the Defendant fully at fault.  In reaching this conclusion the Mr. Justice Ehrcke provided great weight to an at-scene admission made by the Defendant.  The following reasons were provided:
[26]         A determination should not be made simply by counting the number of witnesses on each side, nor is the testimony of an off-duty police officer necessarily of more weight than that of a civilian witness.
[27]         Clearly, different people at the scene saw things differently, and have different memories of how this accident occurred. That is not particularly unusual in a trial such as this.
[28]         What is somewhat unusual in this case is that both the plaintiff and a neutral civilian witness, Mr. Fontaine, testified that after the collision the defendant acknowledged responsibility. The plaintiff testified that the defendant said to her at the scene that the accident was her fault. The defendant testified that if she said this, she did not mean to imply that she admitted liability. Mr. Fontaine testified that the defendant said to him, “Oh my God, I’m so sorry, I didn’t see the red light.” The defendant denies having said those words.
[29]         I do not accept the defendant’s explanation for what she said to the plaintiff at the accident scene, and I do not believe her denial of what she said to Mr. Fontaine. I am satisfied on a balance of probabilities that she did say these things, and she did so because she was aware that she had entered the intersection against a red light.
One matter of interest that did not appear to be canvassed was whether this admission should have been admitted give section 2 of BC’s Apology Act which holds that an apology “does not constitute an express or implied admission of fault or liability by the person in connection with that matter,” and that it “must not be taken into account in any determination of fault or liability in connection with that matter.”

admissions against interest, Apology Act, bc injury law, Koshman v. Brodis, Mr. Justice Ehrcke

Comments (56)

  • Go Here

    I simply want to say I am all new to blogging and actually loved this web-site. Probably I’m want to bookmark your blog post . You absolutely have good well written articles. Thanks for sharing with us your web page.

  • fotografia slubna

    Simply want to say your article is as surprising. The clearness in your post is simply cool and i can assume you’re an expert on this subject. Fine with your permission let me to grab your feed to keep up to date with forthcoming post. Thanks a million and please carry on the enjoyable work.

  • 먹튀 폴리스

    I’ve been browsing on-line more than three hours today, yet I never found any interesting article like yours. It’s lovely price enough for me. In my opinion, if all website owners and bloggers made good content as you probably did, the web will probably be much more helpful than ever before.

  • Schädlingsbekämpfer

    I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my website :).

  • Underground Elephant

    I don’t even know how I ended up here, but I thought this post was good. I do not know who you are but definitely you are going to a famous blogger if you aren’t already 😉 Cheers!

  • agen poker online

    Greetings from Florida! I’m bored to tears at work so I decided to check out your blog on my iphone during lunch break. I love the info you provide here and can’t wait to take a look when I get home. I’m amazed at how fast your blog loaded on my phone .. I’m not even using WIFI, just 3G .. Anyways, good site!

  • online poker

    Thank you for another magnificent article. Where else could anyone get that kind of information in such a perfect way of writing? I have a presentation next week, and I am on the look for such info.

  • agen poker online

    Normally I do not learn article on blogs, however I would like to say that this write-up very compelled me to take a look at and do so! Your writing taste has been amazed me. Thank you, very great post.

  • 릴게임다운로드

    My brother suggested I would possibly like this web site. He was once entirely right. This post actually made my day. You cann’t consider just how a lot time I had spent for this info! Thank you!

  • poker

    I really like your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to design my own blog and would like to find out where u got this from. kudos

  • poker online

    Hey there, You have performed a fantastic job. I will certainly digg it and for my part suggest to my friends. I am confident they’ll be benefited from this web site.

  • W88 mobile

    Excellent items from you, man. I’ve take note your stuff previous to and you are simply extremely excellent. I actually like what you’ve got here, certainly like what you’re saying and the best way by which you say it. You’re making it enjoyable and you continue to take care of to stay it wise. I cant wait to read much more from you. That is really a great web site.

  • 야마토게임 sp

    Unquestionably believe that which you stated. Your favorite reason seemed to be on the net the easiest thing to be aware of. I say to you, I definitely get irked while people consider 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

  • Воблер голая

    Very nice post. I just stumbled upon your weblog and wanted to say that I’ve truly enjoyed surfing around your blog posts. In any case I will be subscribing to your feed and I hope you write again soon!

  • 토토 사이트

    Thanks for making me to acquire new thoughts about computer systems. I also contain the belief that one of the best ways to maintain your laptop computer in excellent condition is with a hard plastic-type case, or maybe shell, that matches over the top of one’s computer. These kinds of protective gear are usually model distinct since they are made to fit perfectly in the natural outer shell. You can buy all of them directly from the owner, or from third party places if they are intended for your notebook, however its not all laptop will have a spend on the market. Again, thanks for your tips.

  • Wedding Catering

    I acquired more new things on this fat reduction issue. One issue is a good nutrition is especially vital if dieting. A massive reduction in bad foods, sugary food items, fried foods, sugary foods, pork, and white flour products can be necessary. Keeping wastes organisms, and toxic compounds may prevent objectives for losing belly fat. While specified drugs briefly solve the situation, the terrible side effects are certainly not worth it, and they never offer more than a temporary solution. This is a known fact that 95 of fad diets fail. Many thanks for sharing your thinking on this weblog.

  • lifeguard courses near me

    Fantastic goods from you, man. I’ve understand your stuff previous to and you are just extremely wonderful. I actually like what you’ve acquired here, really like what you’re saying and the way in which you say it. You make it enjoyable and you still take care of to keep it wise. I can not wait to read far more from you. This is actually a terrific website.

  • เช่าเก้าอี้

    Magnificent goods from you, man. I’ve understand your stuff previous to and you’re just too magnificent. I actually like what you have acquired here, certainly like what you are saying and the way in which you say it. You make it entertaining and you still care for to keep it wise. I can’t wait to read far more from you. This is actually a wonderful site.

  • 먹튀폴리스

    Great paintings! This is the type of information that should be shared across the net. Disgrace on Google for now not positioning this submit higher! Come on over and discuss with my web site . Thank you =)

  • 야마토게임

    I wanted to write you this tiny remark just to say thank you once again considering the beautiful knowledge you have provided in this article. It has been certainly unbelievably open-handed of you to supply freely just what many individuals could have advertised for an ebook to get some profit on their own, primarily given that you could have tried it if you ever wanted. These good tips likewise worked to provide a great way to be aware that the rest have the identical dream similar to my very own to grasp a lot more in regard to this condition. I think there are millions of more pleasurable times up front for folks who looked at your blog.

  • 토토사이트

    I was more than happy to find this internet-site.I wished to thanks to your time for this excellent learn!! I positively enjoying each little little bit of it and I have you bookmarked to take a look at new stuff you blog post.

  • watch game of thrones

    I’m not positive the place you’re getting your info, but good topic. I needs to spend a while learning more or working out more. Thanks for great information I was looking for this info for my mission.

  • 먹튀폴리스검증업체

    Hey There. I found your blog using msn. This is an extremely well written article. I will make sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll certainly return.

  • 메이저 놀이터

    I have recently started a website, the info you provide on this web site has helped me tremendously. Thank you for all of your time & work. “Never trust anybody who says ‘trust me.’ Except just this once, of course. – from Steel Beach” by John Varley.

  • 먹튀검증 커뮤니티

    I’ve been exploring for a bit for any high-quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this site. Reading this info So i’m happy to convey that I have an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make sure to don’t forget this web site and give it a glance on a constant basis.

  • 메이저토토

    I’m impressed, I need to say. Actually hardly ever do I encounter a weblog that’s each educative and entertaining, and let me inform you, you’ve gotten hit the nail on the head. Your idea is outstanding; the problem is something that not sufficient individuals are talking intelligently about. I am very glad that I stumbled throughout this in my search for one thing regarding this.

  • 파워볼사이트

    I have to express appreciation to you just for bailing me out of such a difficulty. Right after browsing throughout the world-wide-web and obtaining methods which were not helpful, I thought my entire life was gone. Being alive without the answers to the issues you’ve solved as a result of your guide is a serious case, as well as the kind that might have negatively affected my entire career if I hadn’t noticed your site. Your actual competence and kindness in taking care of a lot of things was vital. I’m not sure what I would’ve done if I hadn’t discovered such a point like this. I can also at this time relish my future. Thanks very much for this skilled and result oriented help. I won’t think twice to suggest your web sites to anyone who ought to have guidance on this area.

  • custom tees

    Wonderful work! This is the type of information that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)

  • 메이저놀이터 검증

    Very nice post. I just stumbled upon your blog and wished to say that I’ve truly enjoyed surfing around your blog posts. After all I’ll be subscribing to your rss feed and I hope you write again soon!

  • lk21

    Hello! I’m at work surfing around your blog from my new iphone 4! Just wanted to say I love reading through your blog and look forward to all your posts! Keep up the outstanding work!

  • แต่งงาน

    I do believe all of the concepts you’ve introduced for your post. They’re really convincing and can certainly work. Still, the posts are too short for beginners. Could you please extend them a little from subsequent time? Thank you for the post.

  • obat kuat

    I really like what you guys are usually up too. This sort of clever work and exposure! Keep up the terrific works guys I’ve incorporated you guys to blogroll.

  • 안전토토사이트

    Today, taking into consideration the fast way of life that everyone is having, credit cards have a huge demand in the economy. Persons coming from every area of life are using the credit card and people who aren’t using the credit cards have prepared to apply for just one. Thanks for discussing your ideas about credit cards.

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