Jury can know about all defence medical examinations.
On November 27, 2015, the BC Supreme Court confirmed that it is fair game for plaintiffs to testify that they attended a defence medical exam where no report was produced and the defence is not relying on opinion evidence from their expert. In Norris v. Burgess the plaintiff alleged injury as a result of two collisions. The defendants denied any injury occurred. In the course of the lawsuit the plaintiff attended a defence medical appointment with a psychiatrist. The defendants “chose not to obtain a medical opinion from the psychiatrist” and did not call him as a witness. In the course...
read more“Inconsistent” jury award requires a new trial.
On November 26, 2015, a judge of the BC Supreme Court ordered a retrial in a personal injury lawsuit after a jury awarded special damages but denied the plaintiff damages for his non-pecuniary loss. In Harder v. Poettcker , 2015 BCSC 2180, the plaintiff requested a jury trial after suffering injuries in a motor vehicle accident. The jury found the plaintiff 85% at fault for the crash and awarded a total $5,100 in damages (all based on out of pocket expenses) and then awarded nothing for non pecuniary damages. After applying the split of fault this left an award of $765. The trial judge...
read moreInsured injured 2 days before end of waiting period denied coverage.
On November 20, 2015, the Manitoba Court of Queen’s Bench held that there was no coverage for insured who suffered injury two days prior to expiration of waiting period for coverage under group disability policy. In Funk v. Blue Cross Life Insurance Co., the insured sued his insurer with respect to a group disability insurance policy. The insured had started a new position as a truck driver. One of the benefits offered to him was a group health plan including disability insurance. In order to qualify for coverage one of the provisions of the policy mandated a “Plan Waiting...
read moreCourt of Appeal finds the insurer acted in bad faith.
On November 17, 2015, the Nova Scotia Court of Appeal upheld awards of both aggravated and punitive damages against a long-term disability insurer, but reduced the aggravated damages to $90,000, and reduced the punitive damages to $60,000, in Industrial Alliance v Brine, 2015 NSCA 104. On June 18, 2014, the Supreme Court of Nova Scotia held, at 2014 NSSC 219, that the long-term disability insurer Industrial Alliance Insurance and Financial Services Inc. (“Industrial”) must account for years of unfair treatment of its insured, Bruce Brine. The court ordered Industrial to pay...
read more$60,000 for chronic back injury.
On November 16, 2015, the BC Supreme Court assessed damages for lingering injuries caused by two vehicle collisions. In Ali v. Rai, 2015 BCSC 2085, the plaintiff was involved in two collisions in 2011. He was found faultless for both. The collisions caused a lingering back injury which remained symptomatic at the tie of trial and the symptoms were expected. The Court found both collisions caused the injury and it was indivisible. In assessing non-pecuniary damages at $60,000 Madam Justice Duncan provided the following reasons: [134] On the whole of the evidence, I find the plaintiff suffered...
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