Howe v. Hwang 2018 BCSC 90 involved a medical malpractice claim where the injured claimant alleged that not only the wrong surgery was performed on her by the defendant doctor, but that the wrong surgery was done incorrectly resulting in life threatening complications and additional surgeries to save her life. The parties agreed on quantum…
The defendants objected to the admission of expert reports tendered by the claimant on two grounds including the lateness of two economists’ reports. Pursuant to Rule 11‑6(3), the economist reports should have been served 84 days before the trial. The report were 12 days late, being served 72 days before the trial commenced. This was a mistake. …
During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed except one, which resulted in additional instructions being made by the Judge to the jury.…
In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…
This was a motor vehicle accident injury case set to proceed before a jury for eight days. 12 days before trial the defendant serve a Supplementary Report from an orthopaedic expert. The jury had just been selected and was required to stand down while the lawyers argued over the admissibility of this late report (Hilton v.…
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.…
This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half truths in her testimony about the car accidents and her injuries. This was in itself…
ICBC applied unsuccessfully in this multiple car accident injury case (Gill v. Mijatovic,2016 BCSC 239) to extend the time for the filing of a Notice Requiring Trial by Jury. The Jury Notice was filed beyond the 21 day notice period provided for and ICBC paid the jury fees despite the late filing. The defendants in all three car accident…
This was a court application to force a claimant to disclose the details of a prior auto insurance settlement (Gamble v. Brown,2015 BCSC 1873).This lawsuit arose out of a motor vehicle accident which occurred in Surrey, British Columbia in which there was a claim for injuries and loss suffered by the plaintiff. The matter was set for a…
The Court of Appeal has effectively eliminated the ability to strike a jury on the grounds of complexity, length and multiple conflicting medical opinion (Rados v. Pannu,2015 BCCA 459). The claimant was injured in a car accident and applied unsuccessfully to strike a Jury Notice filed by the defendants insurance company for a complicated 2…