July 2014 In a recent Supreme Court decision P.G. Kent-Snowsell was successful in having substantial portions of an ICBC expert’s written report removed. The Court ruled that ICBC could not put those opinions into evidence. Madame Justice Griffin, in J.D. v. Chandra, 2014 BCSC 1107 agreed with Mr. Kent-Snowsell’s submissions objecting to ICBC’s expert opinion. The Court stated:
…Some of Dr. Nix’s opinions as set out in his report, in my view, go beyond what he is qualified to give. I find that Dr. Nix does not have the qualifications to give broader opinions as to what would have happened with the plaintiff but for the accident, to assess her credibility, or to give opinions based on the medical evidence. He is not permitted to give opinions in these areas. In this regard, some of his conclusions in his report might not be easily disentangled from his review and reliance on the medical records and it will be up to the cross-examination to illustrate this… To the extent that portions of his report clearly do tread on ground which I have concluded is inadmissible, I have taken a pen and struck through those portions of a copy of his report.
To read the entirety of the Courts decision on ICBC’s expert click here: http://canlii.ca/t/g7gm9.
Experience counts. Contact P.G. Kent-Snowsell today regarding your ICBC claim. Email: PKent-Snowsell@LKLaw.ca Direct Line: 778.289.9514
Paul Kent-Snowsell
Associate Lawyer in Personal Injury and ICBC Car Accident Litigation
Lindsay Kenney LLP – Langley Office
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.