Young child need not be examined for discovery.

On March 12, 2015, a judge of the BC Supreme Court dismissed a defense application to conduct an examination for discovery of an 8 year old plaintiff in a motor vehicle accident lawsuit. In Dann-Mills v. Tessier, 2015 BCSC 386, the plaintiff was injured involved in a serious motor vehicle accident when he was 17 months old, allegedly suffering a serious traumatic brain injury.  A lawsuit was brought on his behalf by a litigation guardian.  The defendants sought a court order compelling the child to undergo an examination for discovery.  The Court found that this would be inappropriate and...

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Life insurance claim denied for misrepresentations.

On March 3, 2015, the Nova Scotia Court of Appeal upheld the denial of a widow’s application for life insurance benefits following the death of her husband, the insured, because the insured had materially misrepresented his medical history in his application for life and disability insurance. In Linden Estate v. CUMIS Life Insurance Co., an insured applied for life and disability insurance. The application included a supplementary health questionnaire to be completed over the telephone. The questionnaire included questions about the insured’s medical history. The insured was asked whether he...

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Protecting yourself emotionally after an MVA.

Motor vehicle accidents can be traumatic events, often leading to a wide range of emotions. The impact felt can range from minor to severe depending on the nature of the accident, the injuries, and the individual’s personal strength and resilience. An accident will most likely lead to emotional or psychological trauma if it happened unexpectedly, you were unprepared for it, and you felt powerless to prevent it. The emotions felt can range from anger and anxiety to depression if you were not the ticketed party and guilt if you were the ticketed party. The emotional toll in an injury can be...

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Consultation reports are not “expert reports”.

On February 3, 2015, the BC Court of Appeal released Reasons criticizing and restricting the practice of shoehorning physicians consultation reports into evidence as expert opinion. In Healey v. Chung the plaintiff was injured in a 2005 pedestrian/vehicle collision.  At trial the plaintiff claimed it was a ‘catastrophic accident’ and sought damages between $485,000 and $1,037,000.  The trial judge rejected much of the plaintiff’s evidence and awarded damages of just over $50,000. In the course of the trial the defendant introduced consultation reports of treating medical practitioners into...

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How to choose an injury or disability lawyer.

If you have been injured or are suffering from a disability, you may be wondering whether you need to speak to a lawyer about your needs and entitlement. A good rule of thumb is to trust your instincts. If you think you need to speak to a lawyer, you probably do. The next question is how to choose the right lawyer. Choosing the right lawyer for a specific type of injury or disability claim is an important decision. The lawyer who assisted you with your house purchase is likely not the best lawyer to take on your injury or disability claim. An injury or disability claim requires specific...

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