Jennifer Brun and Robert Brun, QC were successful on appeal regarding the use of gender-based statistics and assessment of the overall fairness and reasonableness of loss of capacity awards.
Category: Appeals and Judicial Review
April 19, 2017
Appeal Win Protects Experts and Defendants Alike
On January 27, 2017, Mr. Justice Funt of the Supreme Court of British Columbia overturned a master’s decision, which had incorrectly held that the court has no power to order a Plaintiff to sign a reasonable consent to treatment form. I acted as counsel representing the Defendants. His Lordship ruled that the courts of British Columbia most certainly CAN make such an order to give effect to the Supreme Court Civil Rules, including the right of a Defendant in a personal injury action to compel the Plaintiff to attend a medical assessment with the expert of his or her choice…