The significant role of expert evidence.
When presenting a claim at trial dealing with future loss it is vital to have appropriate expert evidence to justify sought damages. Failure to do so can result in a dismissal of the sought damages even if they are unopposed. Reasons for judgement released May 6, 2011 highlight the importance of medico-legal evidence in personal injury trials. In Moore v. Briggs the plaintiff suffered a fractured skull (fractured left temporal bone) and a brain injury in a 2003 assault. The plaintiff sued those he claimed were responsible for the assault. One of the defendant’s did not respond to the...
read morePunitive damages explained.
Punitive damages are particularly prevalent in the USA where they are often left to the discretion of a group of citizens, a jury, who may impose them when they determine that a defendant’s conduct has been uncivilized or to deter other from acting in such an underhanded way, to improve, generally, law and order, or simply to reward the plaintiff for his financial risks in litigating and enforcing the law. Where awarded, they are an exception to the rule that damages are to compensate not to punish. The exact threshold of punitive damages varies from jurisdiction to jurisdiction. In...
read moreAggravated damages explained.
The Supreme Court of Canada decision in Fidler vs. Sun Life, released on June 29, 2006, clarified the legal principles for awarding aggravated damages in Canada. Facts of the Case Ms. Fidler was a bank receptionist who, at the age of 36, became ill and was eventually diagnosed with chronic fatigue syndrome and fibromyalgia. She began receiving LTD benefits from Sun Life in 1991. The benefits were terminated in 1998, based to a large extent on video surveillance which Sun Life felt detailed activities inconsistent with her claim that she was incapable of performing light or sedentary work....
read moreCan social media activity impact my disability claim?
In recent times, social media websites like “Facebook”, “Blogger”, and “Myspace” and “Twitter” have become an excellent source for insurance companies to investigate claimants. When you post something on these social media websites, the world can look at what you have posted. For example, you may mention, on a social media site that you went on a trip, hiked a mountain, went on a skiing trip, enjoyed socializing with your friends, etc. In so doing, the insurer will likely find out this information and use it against you. Imagine if the insurance company downloads some photographs of you...
read moreWhat are the steps of lawsuit?
The Supreme Court Civil Rules came into effect in British Columbia on July 1, 2010. The following paragraphs set out a summary of the main steps in a personal injury lawsuit under these Rules. It is important to note that not all lawsuits proceed in the same fashion. This article is designed to provide a general overview and does not address all situations. 1. Information Gathering – the first step in any lawsuit is to gather the relevant information from documents, the accident site, witnesses, doctors, caregivers, family, friends, co-workers and any other relevant sources of information....
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