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...
read moreHow 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...
read more$120,000 for chronic pain, PTSD and depression.
In Luis v. Marchiori, 2015 BCSC 1, the plaintiff was involved in two collisions, the first in 2008 and the second in 2011. ICBC admitted fault for both defendants. The plaintiff sustained chronic injuries and in valuing non-pecuniary damages at $120,000 Madam Justice Gray provided the following reasons: [178] I would summarize the significant factors as follows: a) Ms. Luis is 49 years old; b) In the accidents, Ms. Luis suffered predominantly soft-tissue injuries which have led to painful shoulder surgery, chronic disabling pain in her neck and right shoulder and lower back, moderate to...
read moreParties to a contract must be honest with each other.
In Bhasin v. Hrynew, 2014 SCC 71, the Supreme Court clearly stated that there is a duty to be honest in the performance of a contract. Mr. Bhasin, started an action after his relationship with Canadian American Financial Corp. (“Can-Am”) soured. Ultimately, Can-Am refused to renew the dealership agreement it had with Mr. Bhasin. Mr. Bhasin had acted as an enrollment director for Can-Am, which was in the business of marking education savings plans to investors (“ESPs”). Like all other enrollment directors associated with Can-Am, Mr. Bhasin acted like a small...
read moreOrthopaedic exams have little value in chronic pain cases.
One of the more frustrating aspects of practicing in disability benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries to orthopedic surgeons for “independent” medical examinations to determine their eligibility for certain benefits or the reasonableness of treatment plans. They are requested to perform these assessments even though they are typically outside their area of expertise. More often than not, the assessment finds “no objective evidence on ongoing impairment”, following which, the insurer denies all benefits....
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