Latin phrase for “as much as he deserved”. In the context of ICBC injury claims, when lawyers attempt to work out a proportionate share and entitlement to legal fees, they will employ this principle. The principle can also be used to determine the amount to be paid when there is no written contract between parties.
QUESTION of FACT
An issue of fact in which the truth must be determined by a judge or a jury. It is a question of what actually transpired between the parties, and is to be distinguished from a question of law.
QUESTION of LAW
An issue arising at the trial of an ICBC injury claim that strictly relates to what the law is, and how it is to be applied to the facts of the case. It is to be only determined by a judge. It is to be distinguished from a question of fact. Quite often, errors of law can form the basis of an appeal.
The degree of caution that an ordinarily prudent person would exercise in any given circumstances. A person can be found to be negligent for failing to exercise reasonable care, which can give rise to a claim for damages on the part of an injured claimant.
A principle applied by the Courts in helping to determine liability. If a cause of an accident is too remote (too “far off”) in time, then there will be no liability against the person causing the remote act. It is to be distinguished from proximate cause.
RES IPSA LOQUITUR
Latin phrase for “the thing speaks for itself”. For the most part in tort cases, the mere fact of an accident is not proof of negligence per se. However, negligence can sometimes be presumed on the Defendant since whatever caused the accident or injury was under the Defendant’s control. The doctrine is rebutted by demonstrating that what happened was an inevitable accident that had nothing do with the Defendant’s control over the situation.
Latin phrase for “the thing has been judged”. In the context of ICBC injury claims, the doctrine refers to when a specific issue has already been decided on by a Court. The Court, absent an appeal, will not have the issue relitigated, as it has already been decided upon. Also known as issue estoppel.
RESPONSE to CIVIL CLAIM
A legal document filed by ICBC’S lawyer in response to the Plaintiff’s Notice of Civil Claim, which is the legal document that commences an ICBC injury claim action in the Supreme Court of British Columbia. In the Response to Civil Claim, the Defendant will respond with their version of the facts, will respond to the relief sought by the Plaintiff, and will list their legal bases for opposing the relief sought by the Plaintiff. Quite often, allegations of contributory negligence are made, such as failure to wear a seat bealt and failure to properly adjust the head rest, even if there is no basis for such allegations. Other common allegations include a failure to mitigate damages, and the existence of pre-existing conditions.
An error of law or fact made by the trial court which is so palpable that it must be reversed by an appeal court.
In the context of an ICBC injury claim, a Plaintiff sometimes sues more than one Defendant. If the Plaintiff succeeds against only one of the Defendants, then the Court has the discretion to order the unsuccessful Defendant to pay the costs of the successful Defendant in the form of a Sanderson Order.
Where two or more Defendants independently cause the same harm to the plaintiff. Each Defendant will be individually liable to the Plaintiff for their respective contributions to the injuries.
SEVERANCE of LIABILITY and QUANTUM
Under certain scenarios, the Court can “sever” (separate) the issues of liability (fault) and quantum (amount of the claim) in order to save time and costs in the event that there is no liability to be found against the Defendant.
SOCIAL HOST LIABILITY
Liability that attaches to a social host for serving alcohol to a patron or guest, who then leaves the function or party and causes an accident due to impaired driving. It can be quite a difficult claim to prove.
A form of trial procedure in British Columbia that provides for a more speedy resolution to an ICBC injury claim. In a summary trial, no witnesses are called, and the evidence is presented to a judge in the form of sworn affidavits, and expert reports. Submissions are made by counsel for the Plaintiff and ICBC’S lawyer, and the judge then renders a decision.
STANDARD of CARE
The caution and prudence that a reasonable person in the circumstances would exercise. If a person fails to exercise the standard of care expected of a reasonable person under the circumstances, then that person has failed to meet the required duty of care, and can be found negligent, which results in a Plaintiff having a right to claim for damages for injuries sustained.
A law passed by the federal government, or a provincial legislature.
If an injured party in an ICBC injury claim is awarded in excess of $100,000 by the Court for pecuniary (financial) damages, after applicable deductions, then the Court requires the Plaintiff to be paid periodically, so long as it would be in the best interests of the Plaintiff.
A legal document that is served on a witness, informing them that they are required to attend at trial to testify, and that they are required to bring them all documentation within their power and control that relates to the matters in question in the proceeding.
Evidence that cannot be verified by any objective measures. Anything with respect to pain and symptoms that is reported by a claimant in an ICBC injury claim is subjective in nature if there is no objective evidence to confirm such pain and symptoms, such as on an x-ray, CT scan, MRI, etc…