Expert Rules Struck- ICBC Secret Financial Blunder Revealed

The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…

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ICBC Helped by Dumbing of the Courts

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,…

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Experts Limited in Medical Malpractice

Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

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,…

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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 opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…

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Treating Psychiatrist Opinion Needed to Avoid Adverse Inference

The Judge agreed to instruct the jury, in this personal injury case, that they can draw an adverse inference from the claimant’s failure to have her treating psychiatrist provide an opinion.(Brar v. Ismail, 2018 BCSC 1487) The claimant’s depression was a central factor in this personal injury lawsuit.  She claimed the car accident significantly aggravated her…

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Medical-legal Report Not required But Claimant Only Awarded $100.00

In a surprise winning decision this personal injury claimant succeeds in his appeal against the dismissal of his injury claim.  Failing to file a medical-legal report is not a grounds for dismissal and the claimant was not provided with adequate notice. However, given the scant evidence he was only awarded $100.00. for his personal injury…

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No Expert Opinion Needed to Strike Jury

A jury trial is a presumptive right in a personal injury action. This car accident injury occurred on Salt Spring Island when another vehicle, travelling in the opposite direction, turned left and into the path of the claimant’s vehicle. Given the complicated mental injury claim and other legal issues the claimant applied, unsuccessfully, to have the jury struck.…

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Responding to Your Own Medical Expert- The New World of Responsive Reports

Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors.  The Rules created a class of  “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…

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