An index for Personal injury lawyers and counsel generally is provided by the registry with a list of cases so commonly referred to and accepted in British Columbia that lawyers need only index them in the case brief . In the typical car accident claim however lawyers exchange a table of case authorities and the best sections of the each case are referred to in the course of argument.
Personal injury lawyers usually checklist the existence of a legal duty, a breach of a standard of care and resulting loss injury or damage in any injury case and prepare a legal brief referencing the top relevant case authorities. Here are three of the more notable references I think all personal injury lawyers in BC should have in their back pockets when going to court:
1. “[a] future or hypothetical possibility will be taken into consideration as long as it is a real and substantial possibility and not mere speculation”Judge Major- Athey v. Leonati,  3 S.C.R. 458 at para. 27;
2. “[t]he general, but not conclusive, test for causation is the ‘but for’ test, which requires the plaintiff to show that the injury would not have occurred but for the negligence of the defendant” Judge Major- Athey v. Leonati, at para. 14; and
3. “the amount of an award for non-pecuniary damage[ pain and suffering] should not depend alone upon the seriousness of the injury but upon its ability to ameliorate the condition of the victim considering his or her particular situation.” Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (1981), at p. 373 quotes by Judge Kirkpatrick in Stapley v. Hejslet 2006 BCCA 34
There are many other legendary quotes that could be added to the list most of which top-rate lawyers practicing personal injury will want to have and update frequently.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.