Patrick Bruce

New Rule Significantly Limiting Use of Expert Reports in MVA Actions

There was a very significant amendment to the British Columbia Supreme Court Civil Rules in relation to expert reports in motor vehicle claims (and as of February 1, 2020, all personal injury actions).  The amendment came into effect on February …

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Should Loss of Housekeeping Capacity be a Separate Head of Damage?

British Columbia courts have recognized the principle that loss of housekeeping ability can have an economic value for which damages may be awarded.  However, how that value should be assessed and whether a separate award should be made continues to …

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Family Member Exclusion Clause Upheld in Recent Court of Appeal Decision

The British Columbia Court of Appeal has just released a decision pertaining to the interpretation of the “family member exclusion” found in the typical homeowner’s policy.  In Economical Mutual Insurance Company v. Gill, 2017 BCCA 351, the Court considered …

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Assessment and apportionment of damages in the context of indivisible injury

The application of the legal principle of indivisibility continues to evolve as courts encounter further and more complex fact scenarios involving indivisible injuries.

The case of Lane v. Wahl, 2015 BCSC 1779 provides a useful illustration of how the Court …

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Recent Court of Appeal Decision Holds Cyclist Entirely at Fault for Passing Vehicle on the Right

The British Columbia Court of Appeal recently found a cyclist to be solely at fault for an accident occurring when the cyclist attempted to pass a motor vehicle on the right. Following the Court of Appeal decision, leave to appeal …

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