posted Monday, March 19, 2012 by Luke Zacharias and Jordan Forsyth
In EDMONDSON v. PAYER, 2012 BCCA 114 (“EDMONDSON”), a judgement released on March 8, 2012, the Court of Appeal considered and rejected a number of arguments by the appellant (the Defendant), who was appealing from a judgment that awarded the Plaintiff $40,000 in non-pecuniary damages due to injuries suffered in a motor vehicle collision. One of these arguments was based on the fact that there was a 31-month gap between reported symptoms in the Plaintiff’s clinical records.
In the trial decision of EDMONDSON (reported at 2011 BCSC 118), Smith J. considered arguments by the...
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