“No Weight” Placed on Opinion of ICBC Medical Expert in Injury Case
In the latest example of a pattern that is all too common in injury litigation, reasons for judgment were published this week by the BC Supreme Court, Vancouver Registry, rejecting and placing “no weight” on the medical evidence of an expert retained by a Defendant’s insurer.
In today’s case (Sharma v. Chui) the Plaintiff was involved in a 2012 crash that the Defendant accepted liability for. The Plaintiff suffered chronic soft tissue injuries as a consequence of the crash which were partially impairing in her functioning. In the course of the lawsuit ICBC, the defendant’s insurer, retained an orthopaedic surgeon who provided an opinion minimizing the Plaintiff’s injuries and the likelihood of the injuries persisting into the future. In rejecting this opinion and placing ‘no weight‘ on it Madam Justice Sharma provided the following critical comments: