What is Hearsay Evidence?

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged , , ,

Hearsay evidence is a fundamental concept in Canadian law of evidence. Hearsay evidence is defined as an out-of-court statement offered to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible in court due to concerns about its reliability.

The law surrounding hearsay evidence is of significant importance to criminal law and civil law (such as personal injury, employment or denied long-term disability claims).

The Basics Rules of Hearsay

The hearsay rule is grounded in the principles of fairness and reliability. The rationale against the admissibility of hearsay evidence is that a statement made outside of court does not afford the opportunity for cross-examination on that evidence, which is considered a vital tool for assessing the credibility of evidence in the Canadian court system. The Courts of the various provinces of Canada, all the way up to the Supreme Court of Canada, have consistently affirmed that admitting … Continue reading

Can You Sue for Injuries Caused by Negligent Walking?

Posted on by David Goldberg Posted in Personal Injury, Who's at Fault?, Pedestrian Accident, Outdoor Accidents, Slip and Fall AccidentsTagged , ,

In British Columbia, the law allows individuals to seek compensation for injuries sustained due to the negligence of others whether it’s directly due to the actions of an individual or due to leaving an unsafe environment at a place where it was reasonably foreseeable that injury to another might occur (often called slip and fall, or occupiers liability claims). While most discussions around negligence focus on drivers, animal attacks or property owners, the question of whether you can sue for injuries caused by negligent walking is less frequently addressed by the Courts. One of the few significant decisions on this topic is Faircrest v. Buchanan et al., 2015 BCSC 657.

Understanding Legal Negligence

In a legal sense, negligence occurs when a person fails to exercise reasonable care, resulting in harm to another party. The four elements that must be proven in a negligence claim are:

  • That
… Continue reading

Cost of Future Care in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury, Personal Injury ClaimsTagged , ,

In Canadian personal injury law, one of the critical components in assessing damages is the cost of future care. When someone is injured due to the negligence of another party, they may be entitled to compensation not only for past medical expenses and lost wages but also for the future care they will require. Understanding how the cost of future care claims are evaluated and awarded by the Courts is important for both plaintiffs and defendants involved in personal injury cases.

Cost of Future Care Awards

An award for the costs of future care required due to an injury suffered by a Plaintiff in a personal injury claim must be both medically justified and reasonable in light of what is required to preserve an injured party’s health and life going forward.

There needs to be evidence to support a claim for an award for cost of future care. Once this … Continue reading

Loss of Capacity to Earn Income in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury, Personal Injury ClaimsTagged , ,

Most people understand that you can claim a wage loss, or loss of income in a personal injury claim, but are unaware that some claims can attract damages for a loss of capacity to earn income, which can be separate and distinct from a loss of income. In Canada, personal injury law recognizes the impact of such losses and provides options for compensation.

What Is a Loss Of Capacity to Earn Income?

Loss of capacity to earn income refers to the diminished ability of an individual to earn a livelihood or income as a result of a personal injury. This loss can have long-term or even permanent consequences, affecting an individual’s ability to perform their job, pursue career advancements, or engage in any gainful employment.

Our highest court has held that a plaintiff is entitled to be put in the same position he or she would have been in but … Continue reading

Common reasons Long-Term Disability Claims Are Denied

Posted on by Ben Tarnow Posted in Personal Injury, Insurance DenialTagged

Long-term disability insurance is a type of insurance product that is purchased to provide peace of mind for individuals so they can rest easy knowing that if they are unable to work due to a disabling medical condition, they will have the financial support they need. Unfortunately, many legitimate claims for disability benefits are denied by insurance companies, leaving individuals struggling to make ends meet.

Why Have My Disability Benefits Been Denied?

Insurance companies are businesses, and their business model works by taking in as much money as they can while paying out as little money as possible. While most people covered by a policy of insurance assume that “their” insurance company will look after their interests if they ever need to access insurance benefits, insurance companies will look for any reason they can think of to deny claims. For long-term disability claims insurance companies will often question the severity … Continue reading