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  • The Court Grants Additional Expert Reports (The Three Expert Rule): Norris v Vomacka

    June 25, 2024 – In Norris v Vomacka, 2024 ABKB 312, the Plaintiff was injured in a motor vehicle accident and sought $150,000 in general damages in addition to a loss of income claim and special damages. As a result of the collision, the Plaintiff suffered from chronic pain, psychological compromise, and functional impairments. He also had ongoing memory...
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  • Cost Implications in Failing to Make a Reasonable Offer to Settle

    May 17, 2024 – In assessing costs, in Ontario, there have been two recent decisions where the Court has awarded costs on the basis that the defendants failed to make reasonable offers to settle.   In Lawless v Joanovits, 2024 ONSC 1561, Justice Edwards of the Ontario Superior Court of Justice awarded costs exceeding the general damages in a...
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  • Collision to Courtroom: The Significance of Russell v Russell in Personal Injury Litigation

    April 27, 2024 – In Russell v Russell, 2024 ABKB 182, Ms. Russell was injured in a single vehicle collision and sought $200,000.00 in general damages for pain and suffering. On December 24, 2015, Ms. Russell was riding in a truck, seated on the single bench seat between her mother and stepfather. Her stepfather, Mr. Chiefmoon, lost control of...
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  • Determining Costs in Medical Malpractice – Khaleel v. Indar

    April 27, 2024 – The recent case of Khaleel v. Indar, 2024 ABKB 203, acts as a good reminder in respect of costs and Calderbank Offers. In Khaleel, the plaintiff sought recovery of several costs, including double costs for a Calderbank Offer, costs for questioning other defendants, costs for non-testifying experts, as well as costs for a videographer, medical...
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