The Supreme Court ruled this accident injury claim too difficult for a jury. The ruling of Master Dick found the injury case required prolonged examination of documents and scientific investigation. The Master allowed the application to be heard after the filing of a second Jury Notice, which appears to have extended the time for applying to strike the jury(Forstved v. Kokabi,2018 BCSC 1878).
The claim arises from a motor vehicle accident in Langley, British Columbia. The claimant was a 49 year old self employed businessman at the time of the accident.
There was serious disagreement as to whether the claimant suffered a concussion or a mild traumatic brain injury in the accident. The experts rely on different medical definitions for concussion and brain injury.
The claimant said that he would be calling at least 23 witnesses, 11 are experts and there are at least 22 expert reports. I addition, the loss of earnings claim will be complex. As the Master stated,
 If I was just considering the number of experts, the expert’s use of terminology, the volume of medical evidence, and divergent opinions alone, that would not necessarily cause me to strike the jury in this case. What makes this case more difficult is the fact the plaintiff’s income and business losses are not straightforward. The jury will have to review and understand the plaintiff and his spouse’s income tax information as well as the financial statements from all of the corporations he owned. The jury will then have to analyze, understand, and interpret the documents to assess his income and business loss.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.