If the defendant fails to file a defence and I get default judgment against him as a result, will a last minute application change that? In a decision this week from the British Columbia Supreme Court (Marshall v. McCormick, 2018
Read More →I can carry my paddleboard, but I can’t do my housework – what will the court make of that? In personal injury practice, we often encounter injured people whose injuries restrict them in some ways, but not others. We encounter
Read More →If I am a “changed person” after the collision, but did not lose consciousness, will the judge be satisfied that the changes in my personality were caused by a brain injury? What if I was born prematurely and susceptible to
Read More →Will I be awarded punitive damages in addition to my compensatory damages if I am a victim of road rage? What if I too lose my temper and participate in aggressive behaviour? It should be no surprise that if you
Read More →Who should I pick to testify as witnesses at trial in my case against ICBC? Will the court draw a negative inference if I don’t call my closest friends and family as witnesses at trial (i.e. that it is because
Read More →If a couple of years have passed since the crash, and I suffer “popping” injuries that aggravate my existing pain, will ICBC have to pay for those changes? In today’s case, (Cantwell v. Warren, 2017 BCSC 856), the plaintiff was injured
Read More →Due to a motor vehicle collision I can no longer effectively manage the business I once took pride in operating and built over the last 20 years. Will I be compensated for the loss of enjoyment I once derived from
Read More →If I slip and fall in a store, will the store be liable? What if I conclude that the floor was wet and caused my fall, but there are other explanations for why I fell? On January 23, 2017, the
Read More →If I am second-language English, will my misuse of language be held against me? What if it is clear that my command of the language isn’t strong? In a decision released on November 23, 2016 (Lally v. He 2016 BCSC
Read More →What type of documents does litigation privilege protect? What test do I need to satisfy to protect documents under this form of privilege? In the recent case of Oates v Burton, (2016 BCSC 1428), the plaintiff sought a review of
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