Is there an obligation that plaintiffs follow all treatment recommendations? What if the recommendation was optional, and the plaintiff’s actual treatment was effective? The case of Jamal v. Kemery-Higgins (2017 BCSC 213) was summarized last week on the point of obtaining a
Read More →Why does my lawyer need written reports on my condition? Can’t they just ask my doctor at trial what kind of care I need? In a case released this week by the British Columbia Supreme Court, Justice Morellato weighed in
Read More →ICBC has requested that I attend an independent medical examination to be conducted by a medical specialist of their choice. Can I refuse to attend this medical examination by refusing to sign the medical specialist’s consent form? Today’s case, Gil
Read More →If I am a university student without set career plans when I am injured, how will the court assess my income loss? What if I have no work history because I spent my summers volunteering at church? In my previous
Read More →If ICBC has already sent me to an expert, can their defence lawyer send me to another? What if the first expert was very thorough? This question came before Master Wilson of the Kelowna registry earlier this month (unreported –
Read More →Is my treating psychiatrist allowed to attend my trial to help the court understand how I have been impacted by the crash and my crash injuries…or is she expected to be biased? During a 2016 trial in Vernon, British Columbia,
Read More →In the course of litigating my action arising from a motor vehicles collision, I attended a defence medical examination and a subsequent report was produced and served. How can this report impact my case? What if it is favourable to
Read More →I have just settled my claim with ICBC and they have agreed to pay for “taxable costs and disbursements”. How will the court decide what expenses can be claimed under this amount? The recent judgement of Perron v Catalano
Read More →If my injuries are causing me difficulty at work, can ICBC send me for a functional capacity evaluation? What if they try to send me after the deadline for providing opinions, despite being alerted to my limitations a year beforehand?
Read More →ICBC wants to send me to a second medical examination – do I have to go? What if I don’t like the doctor they want to send me to? Can I object to going based on my review of the
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