The Court accepted that the Neurologist in this ICBC car accident injury claim needed to perform a physical exam of the claimant in order to properly prepare a report in response to claimant’s medical experts (Ram v. Chhina, 2015 BCSC 2193). This despite the examination taking place only 2 months before the personal injury trial was scheduled to begin.
This Master’s decision in chambers may well be inconsistent with the long held principle in Kroll v. Eli Lilly Canada Inc. (1995), 5 B.C.L.R. (3d) 7 wherein the Court stated “true response evidence, does not permit fresh opinion evidence to masquerade as answer to the other side’s reports” ( see my review of Wright v. Brauer,2010 BCSC 1282 ).
What convinced the court however in this case was the affidavit of the expert which stated,
…I will need to see the plaintiff in order to record her history of past and current symptoms and dysfunction and to confirm findings as noted in the report of Dr. [B] and to assess her prognosis…I also need to interview and examine the plaintiff as patient evaluation is critical in evaluating her claims of injury.
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.