Prior consistent statements are inadmissible to prove the truth of a statement. However, the use of such statements as narrative is allowed to show the fact or timing of a complaint. These statements may be of assistance in determining its truthfulness or credibility ( R. v. Dinardo, 2008 SCC 24, at para. 37). They may…
Personal injury cases with time limits falling after March 26, 2020 have been stalled by COVID-19. Car accidents, ICBC injury claims, slip and falls, medical malpractice and other civil claim limitations will be in large part suspended due to the pandemic. However, the Supreme Court Registry confirmed with us today that they are still accepting…
There are several legal implications arising from the sudden spread of COVID-19 (coronavirus) into a global pandemic. For businesses, contracts, investment and funding arrangements will be tested and maybe breached. Emergency and “act of God” clauses are being reviewed for venture projects. Supplies chain agreements and funding provisions are now under legal scrutiny. Coronavirus is…
The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…
Frequency of Falling Injuries Slip and falls account for 32% of all reported emergency room visits in Canada. This, according to Canadian Institute for Health Information (CIHI). Slip and fall lawyers, the most common type of falls resulting in injury were slipping, tripping and stumbling. Hip fracture was the most common injury, responsible for almost…
This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…
Canadians are starting to purchase vehicles that claim to reduce the burden of driving. Tesla claims to be selling, for example, vehicles with “full self-driving capability”. In addition, Tesla claims the Model 3 will recognize and respond to traffic lights and stop signs providing automatic driving on city streets. In the small print Tesla, However,…
On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…
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 opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…
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 term the claimant was required to go on a tour of the jail. The corrections…