Carfra Lawton LLP | Victoria BC

Coverage forfeited after Cellphone Records Contradict...

The plaintiff in Winterbottom v. ICBC, 2018 BCSC 1638, sought insurance coverage for his truck, which he claimed had...

Evidence of “Good Character” Inadmissible in Civil...

In Abbasnejad v. Leifsson, 2018 BCSC 850, the Court confirmed the general rule that character evidence is inadmissible in...

Status does not equate with credibility

The British Columbia Supreme Court has firmly stated that social or economic status of a witness does not equate...

No Adverse Inference Drawn Against Defendants For Not...

In Slater v. Gorden, the defendants admitted liability for the motor vehicle accident and admitted that the plaintiff suffered...

Expert Forensic Engineer Report Inadmissible if Based on...

In Young v. Insurance Corp. of British Columbia the plaintiff brought an action as a result of a car...

Expert Evidence Not Required to Prove a Mental Injury

In the recent case of Saadati v Moorhead 2017 SCC 28 the Supreme Court of Canada established what is...

New Facts at Trial May Make Your Expert Report Useless

Nelson v. British Columbia (Provincial Health Services Authority) 2017 BCCA 46 serves as a good reminder to ensure that...

No Adverse Inference for Family Members Not Testifying

Koltai v. Wang 2015 BCSC 1346 was a claim for personal injuries arising from a motor vehicle accident. The...

Court acknowledges human tendency to distort history to...

In the personal injury action of Kondraczynski v. Rai 2013 BCSC 1061 the plaintiff, a 45 year old postal...

Consult reports inadmissible as expert evidence

The admissibility into evidence of the written reports of experts is an exception to the usual rule that witnesses...

Plaintiff’s Application To Reopen Case Dismissed

The plaintiff in Thompson v. Choi 2015 BCSC 35 was denied leave to reopen his case, to rebut the...