Last blog added on Wednesday, May 15th, 2019

Information About Case Law Corner

Recent Posts

Below is a preview of the five most recent posts from the blog Case Law Corner. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Liability trial: Cyclist v. Vehicle / Evidence

    As the weather warms, these are the type of cases we see more of which is quite unfortunate.  It is very important for all drivers to be vigilant and cautious as more and more cyclists use our streets.  Most impacts between a cyclist and vehicle do not end well for the cyclist, and injuries may be s … Read more »

  • Credibility – Collateral Witnesses

    The focus of this article is on the importance of collateral witnesses and this is a very interesting case to read. The Defendant says “the plaintiff has lied about her ongoing pain, for which there is no medical explanation.”  It is often a defence tactic we are all aware of.  To attack the credibi … Read more »

  • CRT Small Claims Dispute – Liability

    This is a Small Claims Dispute ($5,000) in the Civil Resolution Tribunal “CRT” on the topic of liability. This article will review a Small Claims Dispute on the issue of liability in which ICBC initially assessed fault at 50 – 50.  The driver/applicant of one of the vehicles did not agree with the l … Read more »

  • A useful pre-trial tool: Notice to Admit

    Summary Trial Documentary Evidence – Rule 9-7(5)(d) Notice to Admit Admission under Rule 7-7 (Notice to Admit) The purpose of a notice to admit is to obtain evidence in the form of admitted facts.  Its primary purpose is to encourage the admission of undisputed facts, to shorten trials and thereby r … Read more »

  • High standard “permanent serious impairment” Appeal allowed

    This was a successful appeal from a trial decision in which the trial judge’s standard was deemed too high in concluding that a “permanent serious impairment” had not been met. This article will provide a brief overview of the well-known Ontario Court of Appeal decision dealing with the issue of whe … Read more »

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