Human Body in a Lawsuit

Occupational Medicine Expert Report Inadmissible in Jury Trial

The claimant was a pedestrian injured in a car accident. She hired a medical doctor specializing in occupational medicine to assist at the personal injury trial. In that capacity, Dr. B. was qualified as an expert “capable of providing expert … Continue reading

Province Liable for $150,000 Sexual Assault Pain and Suffering Award

This injury claimant was sexually assaulted while on a tour of Oakalla prison in the late 1970s. He sought damages from a corrections officer and the Province of British Columbia. The essence of the claim was that as part of a probationary … Continue reading

Running Pedestrian with Hoody and Headphones 80% to Blame for Injuries

The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 … Continue reading

No Claim for the Family After a Car Accident says Judge

During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed … Continue reading

Medical Examinations to Promote Equality in Civil Lawsuits

In this exceptional  case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has … Continue reading

Jury Approved for Intricate and Complex Injury Case

In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal … Continue reading

Immigration File Disclosure in a Personal Injury Case

The claimant was injured in a motor vehicle accident and alleged the car accident caused physical and psychological injury, including nervous shock. The claimant emigrated to Canada 10 years before the application and had come with a history of  experiencing … Continue reading

Use of Medical Records in Personal Injury Cases

  ICBC will often require medical records before paying benefits or agreeing to settlement.  However, when going to court records may not be admissible without the author being called to testify. Also, expert opinion must be delivered under the strict … Continue reading

City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the … Continue reading

Disturbing Sexual Injury Case Protects Counselling Records

The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child.  She also alleged that the Province of BC placed her back in the residence … Continue reading