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Torts 2025 BCSC 1715

Ahluwalia v. San-Aye

The court found the 2016 rear-end collisions caused soft tissue injuries, aggravated headaches, and caused major depressive disorder, generalized anxiety disorder and somatic symptom disorder.

  • Causation
  • Non-pecuniary damages
  • Loss of earning capacity
  • Cost of future care
  • Credibility and reliability
  • Somatic symptom disorder
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Tort 2025 BCSC 963

Cindrich v. Martini

The court found the plaintiff’s accident-related chronic pain, fibromyalgia and related symptoms caused lasting disability, awarding $2,048,720.67 in damages.

  • Non-pecuniary damages
  • Loss of earning capacity
  • Future care
  • Credibility and reliability
  • Causation
  • Fibromyalgia diagnosis
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Civil procedure 2024 BCSC 2416

K.A.R. v. Dawson

The court ordered psychiatric and neurological IMEs, dismissed a request for the expert’s engagement agreement, and required production of cited reference materials.

  • Independent medical examination
  • Expert disclosure and production
  • Causation
  • Expert impartiality/engagement agreements
  • Costs
  • Publication ban
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Criminal law 2024 BCSC 2128

R. v. Rumbles

The court convicted Gordon Kent Rumbles of dangerous driving causing death, impaired driving causing death, and over 80 causing death after rejecting a hypoglycemia-based defence.

  • Dangerous operation of a motor vehicle
  • Impaired operation by alcohol
  • Operating with over 80 mg alcohol/100ml
  • Mens rea (modified objective standard)
  • Hypoglycemia as exculpatory explanation
  • Expert evidence credibility
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Evidence 2024 BCSC 1701

Mand v. Cheema

The court dismissed a trial application to admit a late expert medical report about a witness’s cognition and refused to abridge service time.

  • Expert admissibility
  • Abridgment of expert report service time
  • Witness credibility and reliability
  • Capacity to testify
  • Trial management and scheduling
  • Expert-evidence
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Civil procedure 2024 BCSC 1777

Kherani v. Da Silva

The court admitted Dr. Zarkadas’ late IME report under Rule 13-6(7), but allowed the defendants time to obtain their own IME and responsive report.

  • Expert report admissibility
  • Timeliness of expert disclosure
  • Medical causation
  • Trial scheduling and adjournment
  • Expert-report-admissibility
  • Timeliness-of-expert-disclosure
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Tort 2024 BCSC 859

Murphy v. Morgan

The court found the accident caused physical injuries and tinnitus, but not the plaintiff’s depression, anxiety, or cognitive deficits. Damages were awarded for the accident-related losses.

  • Causation
  • Damages - non-pecuniary
  • Loss of earning capacity
  • Cost of future care
  • Credibility assessment
  • Intervening event / apportionment
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Civil procedure 2024 BCSC 492

Mendoza v. Hadley

The court allowed physiatry and ENT IMEs, but adjourned a neurology IME because the defendant had not yet shown it was necessary rather than duplicative.

  • Independent medical examination
  • Necessity test
  • Overlap and bolstering of expert opinion
  • Discovery
  • Admissibility of hearsay on interlocutory applications
  • Independent-medical-examination
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Evidence 2023 BCSC 2058

Bowden v. Sek

The court admitted Dr. Chawla’s expert report in a motor vehicle injury case, finding it satisfied Mohan and that any overlap with another report went to weight.

  • Admissibility of expert evidence
  • Section 12.1 evidence act expert limits
  • Expert qualifications and specialty
  • Duplication and weight of expert reports
  • Expert-evidence
  • Mohan-test
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Civil procedure 2023 BCSC 1284

Guo v. Stevenson

The court dismissed the defendants’ application for a second IME, finding it was not shown to be necessary for equal footing and was not proportionate.

  • Independent medical examination
  • Proportionality
  • Future care costs
  • Expert qualification
  • Discovery
  • Independent-medical-examination
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