In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…
According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation, (the “DEER”) is an unauthorized exercise of government authority and infringes the Charter Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…
AI can now be used responsibly to increase the quality of legal services. However in the case Zhang v. Chen, 2024 BCSC 285, a lawyer filed two fictitious cases in her notice of application, which were generated by ChatGPT but not verified for authenticity. The family law case involved an application for costs following an…
Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…
In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of…
Bill C-27: Laws to regulate artificial intelligence systems in Canada Artificial Intelligence Regulation Introduces the Artificial Intelligence and Data Act to set common requirements for the design, development, and use of artificial intelligence systems, aiming to mitigate risks of harm and biased output. Prohibits specific practices with data and artificial intelligence systems that may result in serious harm to…
In this personal injury case, Ross v. Hammer, 2023 BCSC 2306 the defendants sought a stay on the injury claimant’s Supreme Court lawsuit until the Civil Resolution Tribunal (CRT) determined whether the injuries from a motor vehicle accident were minor as per the Insurance (Vehicle) Act. The CRT’s jurisdiction over this matter, as outlined in…
In the first reported 6% disbursement cap case, Nagra v. Prasad,2023 BCSC 2297 the plaintiff sought an exclusion of disbursements under the Disbursements and Expert Evidence Regulation, B.C. Reg. 31/2021. The regulation, effective November 27, 2023, capped disbursements at 6 percent of a plaintiff’s total damages, requiring applications to exclude disbursements before they are incurred.…
Not only can our modern AI’s beat humans at math and memory skills, some are now far better at creating art and literature. It has become clear, humans are no longer the most intelligent on the planet. That’s not to say we won’t find purpose and meaning in the future, just not for the same…
In this personal injury case the car accident occurred in February 2021. The plaintiff alleged severe and ongoing injuries affecting her ability to work as a registered nurse.(Wiggins v. Yokota 2023 BCSC 219) The ICBC lawyer originally on the case did not plead the Minor Injury cap as a defense. The new lawyer sought to…