CFL concussion case fails for lack of jurisdiction.

On March 11, 2016, the Chief Justice of the BC Supreme Court dismissed a case brought by a former BC Lions football for concussion related injuries, on the basis of wording in the league and player’s collective bargaining agreement. In Bruce v. Cohon, 2016 BCSC 491, the plaintiff, who played professional football with the CFL from 2001 – 2014, sued the league and its individual teams alleging that his career led to multiple concussions and sub-concussive injuries and he was negligently allowed to continue playing while displaying these symptoms. The defendants argued that the Court had no...

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ICBC punished for fraud allegation.

On March 1, 2016, the BC Supreme Court ordered ICBC to pay $350,000 in punitive damages for malicious prosecution after alleging that the plaintiff acted fraudulently following a pedestrian collision. In Arsenovski v. Bodin, 2016 BCSC 359, the plaintiff was walking with her husband when he was struck by a vehicle.  The plaintiff was not struck by the vehicle but did fall down and suffer some modest injuries during the incident and she reported this to ICBC.  Specifically she told ICBC that “the last thing I remember was stepping off the curb to cross the street.   I don’t know how far we had...

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Trial adjourned due to uncertain prognosis.

On February 16, 2016,  the BC Supreme Court granted an application to adjourn a personal injury trial in the face of uncertain medical evidence about the plaintiff’s prognosis. In Gee v. Basra, 2016 BCSC 427, the plaintiff was injured in a 2011 motor vehicle accident for which the defendant admitted liability.  The plaintiff suffered chronic headaches and the her physician was uncertain as to her prognosis, noting that a course of Botox injections may prove helpful, stating that: Jodene [the plaintiff] is now four years post injury and has fully participated in the range of therapy...

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Manulife applied to have me disqualified from suing them, and lost.

On November 30, 2015, the BC Supreme Court dismissed arguments by the Manufacturer’s Life Insurance Company, attempting to have me disqualified from acting as plaintiff ‘s counsel in a breach of contract claim against them.

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If causes are not “divisible” damages will flow.

Ms. K. suffered whiplash type injuries in a 2007 car accident. Her pain became chronic and she became depressed. The consensus of the medical experts at her trial was that “her chronic pain is unlikely to resolve and the focus of her treatment should be on pain management, not cure.” Ms. K. admitted that she had a troubled childhood. also, a few years after her accident she experienced a torn rotator cuff, then shoulder surgery and then a frozen shoulder which were all unrelated to her accident. In K. v. Galasinao, 2015 BSSC 1532, Mr. Justice Blok concluded that “there is a significant...

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ICBC doctor a “very unhelpful medical witness”.

On December 23, 2015, the BC Supreme Court criticized a defence expert witness for crossing the line into advocacy. In Ferguson v. McLaughlin the plaintiff was injured in a 2009 collision caused by the defendant.  The defendant’s insurer hired a physician who presented evidence largely discounting the connection of the plaintiff’s complaints to the collision.  In rejecting this evidence Madam Justice Griffin made the following pointed comments: [63]         The defendant called the evidence of Dr. Duncan McPherson, an orthopaedic...

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