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Is there a duty to take cannabis?

Posted by on Mar 4, 2014 in Articles - General, Legal Update | 0 comments

Is there a duty to take cannabis?

A 2014 judgment of the Supreme Court of British Columbia illustrates just how far the debate has swung on the issue of marijuana as medicine. The judgment of Gelsby v. MacMillan (March 4, 2014, BC Supreme Court) was a routine personal injury case in many respects. The plaintiff, Jessica Glesby was injured in a motor vehicle accident, suffered various injuries, and went to trial on the issue of the “assessment of damages” (how much money would she receive for her injuries). The arguments raised by both parties were for the most part not out of...

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Did Manulife make “deliberately false” statements?

Posted by on Jan 16, 2014 in Bad Faith, Legal Update, Manulife Cases | 0 comments

Did Manulife make “deliberately false” statements?

On January 16, 2014, the Ontario Superior Court of Justice rejected an application by Manulife Financial to dismiss the action against it in Sells v. Manulife, 2014 ONSC 715. The judgment is found at: Sells v Manulife, 2014 ONSC 715. The plaintiffs in this action are former agents of Manulife. Their essential claim for their damages against Manulife is that Manulife made very serious but false and misleading statements regarding the plaintiffs’ work and practices while with Manulife which Manulife knew or ought to have known would make it...

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Pension benefits not deducted from wrongful dismissal damages.

Posted by on Dec 31, 2013 in Articles, Articles - Employment, Legal Update | 0 comments

Pension benefits not deducted from wrongful dismissal damages.

In a decision released in 2013, IBM Canada Limited v. Waterman (“Waterman”), the Supreme Court of Canada decided that an employee was entitled to keep his pension benefits as well as the full damages awarded to him for wrongful dismissal over the same period of time. Background After 42 years of service, and at the age of 65, Richard Waterman (“Mr. Waterman”) was terminated by IBM Canada Limited (“IBM”). He was only provided with 2 months notice. At the time of termination Mr. Waterman was entitled to a full pension pursuant to IBM’s defined...

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Failure to examine plaintiff diminishes weight of expert report.

Posted by on Dec 31, 2013 in Evidence, Legal Update | 0 comments

Failure to examine plaintiff diminishes weight of expert report.

It is well established that failure of an ‘independent medical examiner’ to physically examine a patient is not, in and of itself, a reason for an expert report to be inadmissible in the BC Supreme Court. However, when a litigant relies on such a report the weight the court attaches to it is often negatively impacted.  Reasons for judgement released by the BC Supreme Court on December 31, 2013, demonstrate this. In Johal v. Meyede the plaintiff was injured in a 2010 rear end collision.  Fault was admitted by the defendant.  The plaintiff...

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$140,000 for “very serious” femur fracture.

Posted by on Aug 29, 2013 in Injury Awards, Legal Update | 0 comments

$140,000 for “very serious” femur fracture.

On August 29, 2013, the BC Supreme Court assessed damages for a serious femur injury and moderate wrist in jury. In Han v. Chahal the plaintiff pedestrian was injuries when she was struck by the defendant’s vehicle while walking in a marked cross walk.  The defendant was found fully responsible for the crash.  The plaintiff suffered a variety of injuries the most serious of which was a fractured femur.  Although the Court found some issues with the plaintiff’s reliability as a witness the Court did accept the injury left her with a degree of...

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Knock down the house of cards.

Posted by on Aug 23, 2013 in Evidence, Legal Update | 0 comments

Knock down the house of cards.

On August 23, 2013 a judge of the Supreme Court of BC held that when opinion evidence is introduced into court the factual underpinnings upon which the opinion is based must be proven, otherwise the opinion evidence is of no value. In Paller v. Regan, 2013 BCSC 1672, the plaintiff was injured in a 2009 collision. ICBC admitted the defendant was at fault but disputed the collision caused any injuries. In support of their position they relied on an orthopaedic surgeon who never examined the plaintiff but provided an opinion that it was...

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One judge’s clarity is another’s ambiguity.

Posted by on Jun 4, 2013 in Insurance, Legal Update | 0 comments

One judge’s clarity is another’s ambiguity.

On June 4, 2013, the BC Court of Appeal reversed a trial decision in McLean v. Canadian Premier Life Insurance, 2013 BCCA 264,and in an unanimous decision allowed the appeal and held that the insured was entitled to the $1 million benefit provided by the policy. The McLean appeal decision is an interesting example of how one judge’s clarity is another’s ambiguity. The trial judge found that “the words of the contract are clear and unambiguous” and held that the loss did not come within the policy terms. Specifically, holding that at the time...

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Insurer who honours policy may still breach the duty of good faith.

Posted by on Feb 25, 2013 in Bad Faith, Legal Update | 0 comments

Insurer who honours policy may still breach the duty of good faith.

On February 25, 2013, the Ontario Court of Appeal substantially allowed an appeal from a lower court decision striking out numerous claims in a proposed class action relating to the sale and administration of four types of life insurance policies. In Kang v. Sun Life, 2013 ONCA 118, the Court of Appeal held that plaintiffs’ claims for breach of duty of good faith and fair dealing and for deceit and fraud were not mere reiterations of the plaintiffs’ claim for negligent and fraudulent misrepresentation and should be allowed to...

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Employer ordered to pay $100,000 punitive damages.

Posted by on Jan 31, 2013 in Bad Faith, Legal Update | 0 comments

Employer ordered to pay $100,000 punitive damages.

On January 31, 2013, the British Columbia Court awarded an employee $100,000.00 in punitive damages as a result of the defendant employer’s conduct, which was found to be malicious and vindictive, in breach of its obligations of good faith and fair dealing in the manner in which the employee was terminated. The employer’s egregious conduct continued “unbroken” throughout the legal proceeding. The Court awarded punitive damages against the employer to punish, denounce, and deter future actions, which included: 1. The employer refused to pay...

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When a policy lapses, a new agreement must be made.

Posted by on Jan 11, 2013 in Insurance, Legal Update | 0 comments

When a policy lapses, a new agreement must be made.

On January 11, 2013, the  BC Court of Appeal decided in Khosah v. Canada Life Assurance Co. that where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence. The issue on appeal was whether the beneficiary’s deceased husband, the insured, obtained temporary insurance coverage from the insurer while the insurer processed the insured’s application for reinstatement...

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