Document Production and ICBC Claims
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 →Litigation Privilege
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 →Applying for unredacted medical records
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
Read More →Particulars of income loss not required six months before a discovery in an ICBC claim
Early in litigation, can ICBC compel you to provide a detailed statement (particulars) of your income loss? In Friday’s decision of Campbell v. Bouma, 2015 BCSC 817, it was over six months before the examination for discovery, and the trial date
Read More →Not all ICBC documents must be shared in an ICBC claim
During litigation, are you entitled to see all of ICBC’s documents about you and your case? What if they were obtained from your Facebook profile? In the May 7, 2015 case of Meyer v Lahm, 2015 BCSC 149 the plaintiff
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