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Court of Appeal Considers Gap in Plaintiff’s Report of Symptoms
In EDMONDSON V. PAYER, 2012 BCCA 114 (“EDMONDSON”), a judgement released on March 8, 2012, the Court of Appeal considered and rejected a number of arguments by the appellant (the Defendant), who was appealing from a judgment that awarded the Plaintiff $40,000 in non-pecuniary damages due to injuries suffered in a motor vehicle collision. One of these arguments was based on the fact that there was a 31-month gap between reported symptoms in the Plaintiff’s clinical records.
Court Awards $50,000 For Pain and Suffering For Soft Tissue Injury
On February 21, 2007, the Plaintiff was riding in the front passenger seat of a vehicle driven by her friend, the Defendant. As the Defendant proceeded through an intersection, a van broadsided the driver’s side door of her vehicle. The impact was reasonably severe and caused significant damage to the left side of the Defendant’s vehicle. Although the Plaintiff was wearing her seatbelt, she claimed that the force of the collision caused the right side of her body to strike the interior of the Defendant’s vehicle.
Effect of Video Surveillance on Assessment of Damages
On December 23, 2011, the BC Supreme Court released a decision on the use of video surveillance evidence in a motor vehicle accident case. In WILKINSON V. WHITLOCK, 2011 BCSC 1781 the Plaintiff was injured in a 2007 motor vehicle accident in Vernon, BC. The Defendant was found completely at fault after it was determined that she drove through a red light and collided with the Plaintiff’s vehicle. As a result of the collision, the Plaintiff claimed that she suffered an injury to her back. During the trial, the Plaintiff testified about her symptoms.
Court Considers Criteria For Awarding “Scale C” Costs
Reasons for judgment on the issue of costs relating to the trial decision of X. V. Y., 2011 BCSC 944, were released on January 13, 2012 (reported at 2012 BCSC 37). The trial decision of X. V. Y., which dealt with a motor vehicle accident involving a police officer responding to an emergency call, was the subject of a past blog entry on contributory negligence and liability, available here.
Plaintiff’s Claim For Interest on Disbursement Financing Disallowed
A previous blog entry (available here) discussed the case of CHANDI V. ATWELL, 2011 BCSC 1498 (“CHANDI”), in which recovery of financing costs on a reasonable disbursement was allowed by Registrar Cameron. In that case, Registrar Cameron declined to award the full amount of disbursement financing, instead making “allowance for disbursement interest based upon Registrar’s rates with the calculation of the total amount to be akin to the calculation of interest payable on special damages pursuant to the relevant provisions of COURT ORDER INTEREST ACT” (at para. 75).
Court of Appeal Finds Massage Therapy a Mandatory Part VII Benefit
In the important decision RAGUIN V. INSURANCE CORPORATION OF BRITISH COLUMBIA, 2011 BCCA 482(“RAGUIN”), released November 29, 2011, the Court of Appeal considered the Plaintiffs’ claim that ICBC had an obligation to pay for massage therapy benefits under Part 7 of the INSURANCE (VEHICLE) REGULATION(the “REGULATION”).