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Bad Faith
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Court of Appeal confirms that insurer acted in bad faith.
On November 17, 2015, the Nova Scotia Court of Appeal upheld awards of both aggravated and punitive damages against a long-term disability insurer, but reduced the aggravated damages to $90,000, and reduced the punitive damages to $60,000, in Industrial Alliance v Brine, 2015 NSCA 104. On June 18, 2014, the Supreme Court of Nova Scotia held, at 2014 NSSC 219, that the long-term disability insurer Industrial Alliance Insurance and Financial Services Inc. (“Industrial”) must account for years of unfair treatment of its insured,...
read more$60,000 for chronic back injury.
On November 16, 2015, the BC Supreme Court assessed damages for lingering injuries caused by two vehicle collisions. In Ali v. Rai, 2015 BCSC 2085, the plaintiff was involved in two collisions in 2011. He was found faultless for both. The collisions caused a lingering back injury which remained symptomatic at the tie of trial and the symptoms were expected. The Court found both collisions caused the injury and it was indivisible. In assessing non-pecuniary damages at $60,000 Madam Justice Duncan provided the following reasons: [134] On the...
read more$60,000 for soft tissue injury with headaches.
On November 10, 2015, the BC Supreme Court awarded non-pecuniary damages of $60,000 for chronic soft tissue injuries with associated headaches. In Hinder v. Yellow Cab Company Ltd., 2015 BCSC 2069, the plaintiff was involved in an intersection collision. The defendant denied liability but was found fully at fault at trail. The plaintiff suffered a variety of soft tissue injuries, some of which resolved. She continued to have neck symptoms with associated headaches at the time of trial (some five years later) which were expected to linger into...
read moreRequest for photos of plaintiff’s dancing dismissed.
On November 2, 2015, the BC Supreme Court dismissed a request for a plaintiff to produce various photographs. In Wilder v. Munro the plaintiff was injured in a 2010 collision and sued for damages. In the course of the lawsuit ICBC reviewed the plaintiff’s social media accounts and obtained: “ten separate videos of the plaintiff dancing in rehearsals or shows in 2013, 2014 and 2015, photographs of the plaintiff performing dance moves, Facebook status posts discussing upcoming dance shows and auditions in 2011, photographs and posts...
read moreManulife guilty of fraudulent concealment.
A judge of the Alberta Court of Queen’s Bench found The Manufacturers Life Insurance Company (“Manulife”) guilty of fraudulent concealment in Atchison v. Manufacturers Life Insurance Company. The trial judgment is found at: Atchison v Manulife, 2002 ABQB 1121. Ms. Atchison’s husband was covered by a group life insurance policy with Manulife. He applied and paid for “excess” life insurance, in addition to his group coverage. The excess policy was issued, with coverage effective one month prior to...
read more“All actual instructions received by the expert” required by Rules.
On October 16, 2015, the Supreme Court of BC addressed the scope of expert instructions that need to be disclosed to make expert evidence admissible. In short the Court noted that a “paraphrased summary of instructions” was insufficient. In Pinch v. Hofstee, 2015 BCSC 1887, Mr. Justice Burnyeat noted that Rule 11-6(1)(c) requires the following: [1] The parties presented a number of expert reports. While some of the expert reports attached the instructions that were provided to the expert by counsel, some of the expert reports merely provided...
read moreSettlement documents from previous claim need not be produced.
On October 15, 2015, the BC Supreme Court addressed a request to produce documents relating to the settlement of a previous personal injury claim in the prosecution of a subsequent claim. In Gamble v. Brown, 2015 BCSC 1873, the plaintiff was injured in a 2009 collision, brought a claim for damages and ultimately settled. She was then injured in a 2011 collision. In the current lawsuit the defendant requested broad production of the previous file information including “any mediation brief, settlement letter, file memo, communication or similar...
read more$131,250 for chronic TMJ injury.
On October 1, 2015, the BC Supreme Court assessed damages for a severe jaw injury sustained in a motor vehicle collision. In Williams v. Gallagher the plaintiff, who was 20 at the time, was involved in a 2010 vehicle collision caused by the defendant. The plaintiff suffered a variety of injuries the most serious of which was an injury to the temporomandibular (TM) joints in his jaw. This required surgical intervention which did not cure his pain and the plaintiff was expected to have chronic lingering problems. In assessing non-pecuniary...
read moreDrunken push leads to over $1/2 million award.
In a stark example of the profound consequences that can come from a modest confrontation, on September 30, 2015 the BC Supreme Court ordered damages of $553,000 to be paid, after an intoxicated groom to be pushed a man that was teasing him. In Robinson v. Bud’s Bar Inc., 2015 BCSC 1767, the defendant, a groom to be who was “exotically dressed and wearing a ball and chain” following a bachelor party, was approached by the plaintiff and teased about his upcoming marriage. Both parties were intoxicated. The defendant responded by pushing the...
read moreSelf-represented litigant to pay double costs to insurer.
On September 28, 2015, the BC Supreme Court was required to consider what type of costs award should be granted against a self-represented individual who was unsuccessful at trial. In Wright v. Sun Life Assurance Co. of Canada, 2015 BCSC 1899, the insurer made an offer to settle the case prior to trial. The plaintiff did not accept. Ultimately, the claim was dismissed and the plaintiff received no award. The Court held that the insurer’s offer to settle ought reasonably to have been accepted, as the plaintiff’s view of his entitlement and...
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