Faced with different stories of how a crash happened, who will the judge believe? What factors will be considered in assessing the credibility of the parties? In the case of Bingul v. Youngson, 2016 BCSC 1868, Madam Justice Baker was
Read More →How much weight is given to what is reported in clinical records? What if I forget to mention an area of concern to my doctor? In the recent case of Taynor v. Brard (2016 BCSC 1738) the then 27 year
Read More →How will my credibility impact my award at trial? In the recent case of Lamb v Fullerton (2016 BCSC 1694), the court was unable to award the plaintiff with anything more than nominal damages due to serious credibility issues. The
Read More →I feel like my crash injuries have affected every area of my life in a negative way. While I admit to being overwhelmed at times before the crash, I feel like it has been so much worse since. How will
Read More →When a plaintiff subjectively believes their mild physical injuries are catastrophic, can they be compensated for those ‘catastrophic’ injuries? In the recent case Agar v Leonard (2016 BCSC 1430), the plaintiff was a 39-year old woman who suffered physical injuries
Read More →What if I have a bad memory and have trouble telling my story? How about if I’m not trying to lie, but it really seems to me that this accident has changed absolutely everything? Am I unreliable if I’m just
Read More →If ICBC is able to point to times in my life when I have not been totally truthful with others, will that hurt my credibility to the point that it destroys my case? In the recent case Kallstrom v Yip
Read More →If someone makes false and defamatory Facebook posts about you, can they be forced to pay you damages? In this week’s case of Pritchard v. Van Nes (2016 BCSC 686), Ms. Van Ness was the neighbour of the plaintiff (Mr.
Read More →How does the court decide who to believe in a “he said, she said” situation? What if you have told a lie during my Examination for Discovery, will that kill my credibility? In this week’s case of Matharu v. Gill
Read More →How will my pre – crash limitations affect my claim? Should I try to downplay my pre – existing injuries? What if my pre – existing injuries make me more susceptible to being injured? How does the court balance these
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