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Personal Injury

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Tuesday, June 05, 2018 @ 8:30 AM

TYPES OF DAMAGES - For personal injuries - Calculation - Contingencies

Appeal by the defendant hospital and nurse from the award of damages for future loss of income and the award of costs. ... [read more]

Friday, June 01, 2018 @ 1:25 PM

B.C. Court of Appeal rules court erred when considering past conduct in personal injury case Nathan Muirhead, Hakemi & Ridgedale LLP

The British Columbia Court of Appeal has ordered a new trial for a woman who alleged she suffered an injury while on a Vancouver city bus, ruling the trial judge erred when she admitted evidence regarding a prior complaint the woman had made contrary to the rule on collateral fact. ... [read more]

Thursday, May 31, 2018 @ 1:38 PM

To lend a car or not to lend a car, that is the question 2carcrash_sm.jpg

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you reconsidered. ... [read more]

Friday, May 25, 2018 @ 8:56 AM

Expert bias: How trial courts are applying the White Burgess analysis accountinghands_sm.jpg

In 2015 in White Burgess Langille Inman v. Abbott and Haliburton Co. 2015 SCC 23 the Supreme Court of Canada released a comprehensive decision on expert bias and how it relates to the admissibility and weight of expert evidence. The evidence must pass two stages: the threshold stage and gatekeeper stage. If the evidence passes both, any residual concerns about bias should be reflected in the weight given to the expert opinion. ... [read more]

Friday, May 18, 2018 @ 8:32 AM

Extreme focus the key for personal injury lawyers | Sandra Bekhor

Personal injury marketing is a high-stakes business. Everything about it is oversized, relative to other areas of law. The cost. The vision. The competition. So, how can small to mid-sized firms compete? And is that even possible, if your firm's resources don’t allow you to be the headline sponsor of a hospital wing, injury affiliated conference or charity? There’s another way. ... [read more]

Thursday, May 17, 2018 @ 9:32 AM

British Columbia automobile insurance changes may be unconstitutional: lawyers’ group

Several lawyers organizations are raising the alarm about the B.C. government’s changes to the provincially owned Insurance Corporation of British Columbia (ICBC), with one group even saying the changes may not pass constitutional muster. ... [read more]

Wednesday, May 16, 2018 @ 9:23 AM

Court of Appeal sets higher standard to protect injured workers from wrongful conviction, counsel says Andrew Bigioni sm

The Ontario Court of Appeal has allowed three appeals regarding offences under the Workplace Safety and Insurance Act in a decision, counsel says, that sets a higher standard for courts to follow when convicting under subsection 149(2). ... [read more]

Wednesday, May 16, 2018 @ 8:36 AM

PHYSICAL AND PSYCHOLOGICAL INJURIES - Head injuries - Brain damage - Concussion - Cognitive impairment

Appeal by the defendant Town from the award of damages to the plaintiff for injuries she sustained in a cycling accident and application by the Town for leave to appeal the award of costs. In 2006, the plaintiff, who was not wearing a helmet, fell off her bicycle after colliding with an undemarcated empty bollard bracket on a paved trail. ... [read more]

Tuesday, May 15, 2018 @ 10:38 AM

Dunsmuir revisited: If at first you don’t succeed… | Heather MacIvor

On May 10, 2018 the Supreme Court of Canada announced that it would hear three appeals from the Federal Court of Appeal (FCA). Most unusually, we were told why the Court granted leave: “The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9, and subsequent cases.” This is big news. ... [read more]

Tuesday, May 15, 2018 @ 8:34 AM

The futility of critique reports by expert witnesses courtroom silhouette_sm

While expert witnesses are traditionally retained to provide their opinion on an issue in a case, parties sometimes retain experts for a more tactical purpose — to critique the opposing expert. In this fifth article in a series on expert evidence, we highlight three decisions in which courts have questioned the utility of an expert witness’s “critique report”, and have ultimately placed little to no weight on it or excluded the evidence altogether. ... [read more]