The Threshold: Nothing Much Has Changed

ONSC: In a threshold motion, the evidence of family members should never be ignored; a clean pre-accident health matters; the ability to work may be irrelevant on a threshold motion; and a court will want to help a likeable and credible plaintiff.

The Latest Word on Prejudgment Interest

The Court of Appeal has held that the trial judge should have taken into account changes in market interest rates when exercising his discretion to award prejudgment interest of 5%.Judgment varied to prejudgment interest at 1.3%.

No Reasonable Inference = No Causation

This action arises from a fall that occurred on January 14, 2014 on common property owned by the defendant Strata Plan LMS2286 (the “Strata”).  Strata retained the defendant Markic Development & Restoration Ltd (“Markic”) to perform some remediation work on its...

Put Up a Sign!

On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the “Restaurant”), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance.   She shattered her right patella in the fall.  The...

Mann v Jeffersen: No Objective Injury? You Better be Credible!

This decision arises from a motor vehicle accident that occurred on February 8, 2011. The trial took place in January 2019 before Trimble J. After the jury retired to deliberate, the defendants brought a motion for a declaration that the plaintiff’s injuries did not...

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