If I take time away from treatment – even significant time – can I still be compensated for my injuries? In this week’s case, the court considered the damages payable to a girl who had been injured in a collision
Read More →What if my doctor does not record every symptom that I am experiencing in his clinical notes? Further, how will my claim be impacted if I say I am experiencing symptoms that have not been consistently recorded in the clinical
Read More →If I claim income loss, do I have to give up all of my employment records? What if I had some embarrassing stuff happen a few years ago that I don’t want ICBC to know about? In an application heard
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 →If my personal injury case ends up going to trial, will the judge think I am hiding something if my family doctor doesn’t testify? What if throughout his/her clinical records it’s noted that I am there for ICBC follow-ups and
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
Read More →If there is a dispute about what occurred at the scene of the crash, can I obtain the offending driver’s hospital records, which might have recorded what the offending driver said at the time? In a recent judgment of the
Read More →If you make a personal injury claim, should you be extra careful what you post online? Will your posts be used against you? In the recent case of Carlisle v. Vanthof (2015 BCSC 2427), the plaintiff was in her early
Read More →Is expert evidence required to prove a link? Or can circumstantial evidence suffice? In a case released last week, the highest court in Canada offered guidance on how causation may be inferred from the evidence. The case is British Columbia
Read More →If ICBC applies to the court for unredacted medical records, what will satisfy the court that the redacted entries are relevant and should be disclosed? Will a desire to see all entries because they “may be relevant” suffice? How can
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