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BC Injury Claims and Production of Pre Accident Medical Records
Further to my previous post discussing this topic reasons for judgement were released today dealing with the extent of pre-accident record disclosure ICBC (or other defendants) are entitled to when a...
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Do Parties Have to Disclose Documents They Will Use to Impeach Opposing...
When a party to a personal injury lawsuit wishes to use documents at trial those documents have to be disclosed to the opposing side as per the BC Supreme Court Rules otherwise the evidence may not be...
View ArticleExpert Evidence: Fact vs. Opinion
When advancing a personal injury lawsuit in British Columbia expert evidence plays a key role. Be it the diagnosis of injury, prognosis, future care needs, disability or other topics there are no...
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ICBC Injury Claims and the Relevance of Vehicle Damage
The law has become clear that while ICBC’s LVI policy is not a legal principle and is not a valid legal defence, the amount of vehicle damage is a factor judges and juries can consider in a BC injury...
View ArticleDefence Medical Exams – Best Expert Not Required to "Level the Playing Field"
(Update: November 14, 2011 – The case discussed in the below post in now publicly available. Master Scarth’s reasons for judgement can be accessed here) Further to my previous posts about Independent...
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You Can't Sue Twice; The Doctrine of Res Judicata
Res Judicata is a legal principle which prevents a claimant from having their legal issues decided twice. Once you’ve had your day in Court on an issue you are stuck with the result (subject to an...
View ArticleNew Rules of Court Get First Judicial Interpretation: The Transitional Rule
I have volunteered to keep an eye on the New BC Supreme Court Rules and write about decisions interpreting and applying these. Today the first judgement considering the New Rules has come to my...
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Repost: Ice, Snow and Your ICBC Injury Claim
The first snow of the year is falling and with it will come the usual increase in motor vehicle accidents. With this in mind I’m republishing a post I originally wrote in the early days of this blog:...
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Crashes and Winter Driving Conditions: Take Care to Be Accurate When Calling...
With the first heavy snow of 2012 hitting the Lower Mainland and Greater Victoria comes the expected increase in motor vehicle collisions. With this in mind I’m republishing a post I originally wrote...
View ArticleMultiple Medical Exams When Initial Experts Come up Short
There is wide discretion for the BC Supreme Court to order a plaintiff to be examined by multiple defence expert witnesses where the alleged injuries call for it. While the law does not allow...
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