Reasons for judgment were published today by the BC Supreme Court, New Westminster Registry, rejecting and outright criticizing the opinion of an expert physician who routinely is hired by ICBC for defence medical exams.
In today’s case (Moges v. Sanderson) the Plaintiff suffered injuries in three collisions. The defendants accepted fault for the crashes. The Plaintiff suffered a variety of physical and psychological injuries as a result. In the course of the lawsuit ICBC obtained a medico-legal report from a psychiatrist they routinely hire who provided opinion evidence minimizing the connection between any psychological consequences and the collisions. In rejecting this opinion evidence as being tailored to the defence and evidencing bias Madam Justice Shergill provided the following criticism: