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Insurer must produce internal manuals in bad faith claim.
On August 12, 2016, the Alberta Court of Queen’s Bench confirmed that in an action for bad faith denial of disability benefits the insurer must produce details of its internal claims handling procedures to the plaintiff. In Alexander v Sun Life Assurance Company of Canada, 2016 ABQB 445, the plaintiff conducted an examination for discovery of a representative of Sun Life who explained that Sun Life makes an online databank of reference material available to its case managers to assist them in performing their job duties. She further...
read moreICBC loses claim of privilege over surveillance.
On August 2, 2016, a judge of the BC Supreme Court reversed a master’s order as “an error in law” and ordered ICBC to provide an investigative report and video to the plaintiff, Desiree Nadine Oates. In Oates v. Burton, 2016 BCSC 1428, Ms. Oates was injured in a motor vehicle accident and sued for damages. After retaining a lawyer she applied for disability benefits from ICBC, following which ICBC ordered surveillance. In the context of her injury lawsuit, Ms. Oates sought production of the surveillance and the...
read moreInsurer may be a party to a tort claim.
On June 22, 2016, a judge of the BC Supreme Court held that a plaintiff’s insurer may be added as a party to a tort action where the tortfeasor’s insurance limits will likely be insufficient, and the plaintiff intends to seek compensation under its insurer’s “underinsured” liability coverage. The case, MacPherson v. White, 2016 BCSC 1151, arose out of a head-on collision between two motor vehicles; one driven by the plaintiff Joseph MacPherson, the other was driven by the defendant, Dallas White. The plaintiff suffered serious...
read moreCourt punishes defendants for not making admissions.
On May 25, 2016, the BC Supreme Court found the defendants at fault for a motor vehicle accident, and ordered that the defendants pay double costs for an “unreasonable” refusal to make admissions of facts sought in a notice to admit. In Ceperkovic v. MacDonald, 2016 BCSC 939, the defendants were sued for damages arising out of an accident involving three motor vehicles. Prior to trial the defendants were served with a Notice to Admit seeking admission of various facts. The defendants did not admit all of these facts requiring...
read morePlagiarism renders expert report inadmissible.
On May 19, 2016, a judge of the BC Supreme Court, Mr. Justice Saunders, ruled that an expert report was inadmissible into evidence for numerous reasons, particularly plagiarism. In Anderson v. Pieters, 2016 BCSC 889, the defence objected to the admissibility of a report produced by the plaintiff’s physician on numerous grounds. The judge excluded the report stating that he “would not qualify Dr. Sank as an expert capable of offering the opinion evidence tendered in the April Report.” Saunders J. then identified a far more...
read moreICBC punished for alleging fraud.
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...
read moreManulife 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.
read moreSupreme Court Judge: 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 surgeon, who...
read moreExpert did not meet with, examine or interview plaintiff = NO WEIGHT.
On November 30, 2015, the BC Supreme Court rejected the opinion of a defence retained doctor who “did not meet with, examine or interview” the plaintiff but nonetheless authored a report opining on the plaintiff’s injuries. In Preston v. Kontzamanis Mr. Justice Parrett provided the following critical comments for medico-legal practices: [125] The defendant provided and relied upon what purported to be an independent medical report (IME) by Dr. Boyle. [126] Dr. Boyle readily acknowledged that he was not asked to and did not meet with,...
read moreJury can know about all defence medical examinations.
On November 27, 2015, the BC Supreme Court confirmed that it is fair game for plaintiffs to testify that they attended a defence medical exam where no report was produced and the defence is not relying on opinion evidence from their expert. In Norris v. Burgess the plaintiff alleged injury as a result of two collisions. The defendants denied any injury occurred. In the course of the lawsuit the plaintiff attended a defence medical appointment with a psychiatrist. The defendants “chose not to obtain a medical opinion from the psychiatrist”...
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