ICBC Expert Report – Court Strikes Portion

Personal Injury

On February 13, 2014, The Honourable Madam Justice Griffin delivered an Oral Ruling in the J.D. v. Chandra trial. ICBC sought to tender the expert report of Dr. G. Nix, an individual who has worked in undergraduate admissions committees for over 50 years.

The opinions that ICBC defence counsel sought to call at trial were the requirements for admission into medical school at UBC and other Canadian Universities.  He wanted to extrapolate from the Plaintiff’s high school and initial undergraduate grades whether she would qualify as a candidate for medical school at UBC.

We objected to the evidence and had a significant win by having much of the report struck from evidence. In the reported decision, this is what the court had to say: J.D. v. Chandra, 2014 BCSC 1107

[6]  Dr. Nix has reviewed the plaintiff’s school transcripts prior to and post the accident and some medical records.  He performed no assessment of the plaintiff.

[7]   The plaintiff points out that Dr. Nix has no experience in assessing the requirements for medical school.  The defendants argue that in his evidence relating to his qualifications Dr. Nix testified that the process for admitting students to university programs or speech and hearing programs is no different than for other faculties and that evaluating the transcripts is the same…


Perminder Tung
Partner – ICBC Car Accident & Personal Injury Law
Lindsay Kenney LLP – Langley Law Office