Posts tagged with: "7"
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3 Nov 2012, 1:29 am by Norma Duenas
Most of the time you want your Chapter 7 bankruptcy case to be a “no asset” case, not an “asset” one. But what do these mean, and when could an “asset case” be good for you? If you file a Chapter 7 case, you usually receive a discharge (legal write-off) of your debts. In return, [...] [read post]
9 Jul 2013, 10:14 am by hermankittycat
The Oregon State Bar is currently soliciting comments regarding proposed amendments to Oregon RPCs 7.1-7.5 governing advertising and solicitation.  Comments should be submitted in writing to the Legal Ethics Committee in care of OSB General Counsel Helen Hierschbiel at hhierschbiel@osbar.org by … Continue reading → [read post]
28 Sep 2011, 1:22 pm by emagraken
Important reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, further clarifying the examination for discovery limit in the new Rules of Court.  In short the Court held that notwithstanding the time limit, generally only one examination for discovery is permitted. In today’s case (Humphrey v. McDonald) the Plaintiff alleged injury following a collision.  In the course of the lawsuit the Plaintiff attended an examination for discovery.  It did not exceed… [read post]
19 Nov 2012, 6:54 am by emagraken
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, further judicially shaping document disclosure obligations under the new rules of court. In last week’s case (Bains v. Hookstra) the Plaintiff was injured in a 2009 motor vehicle collision.  The Plaintiff agreed to produce his MSP Printout, Pharmanet Records and WCB records from the time of the crash onwards.  The Defendant was not satisfied with this timeframe and sought these records from before the… [read post]
29 Oct 2012, 7:56 am by emagraken
Reasons for judgement were recently released by the BC Supreme Court, Victoria Registry, dismissing an ICBC application to compel production of a Plaintiff’s vacation photos. In the recent case (Dawn-Prince v. Elston) the Plaintiff was injured in a 2007 collision.  In the course of her lawsuit she was examined for discovery where she “testified that she had been on these vacations…(and) about her activities on the vacations“. ICBC brought an application to have access to any photos taken… [read post]
18 Sep 2011, 9:13 pm by Norma Duenas
Chapter 7 bankruptcy, can provide a real solution to current or  previous business owners who incurred significant business debt in building their business and continuing to operate their business. However, filing for Chapter 7 bankruptcy can pose a problem if you need to pass the means test. Qualifying for Chapter 7 bankruptcy when you earn [...] [read post]
6 Dec 2011, 2:59 pm by emagraken
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, dismissing a defendant application requesting the production of a Plaintiff’s Facebook postings, Twitter postings, Computer Hard Drive and Iphone. Today’s case (Dosanjh v. Leblanc and St. Paul’s Hospital) involved allegations of medical malpractice.  The plaintiff said she suffered “cognitive impairment that has affected her thinking process“.  She sued for damages.  The Defendants brought an… [read post]
6 Mar 2012, 7:17 am by emagraken
A trend developing in BC Caselaw is the demonstrated difficulty ICBC has trying to withhold documents in a personal injury lawsuit based on their ‘investigative’ responsibilities.  Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this topic. In this week’s case (Gilbert v. Nelson) the Plaintiff was injured in a 2005 collision with a vehicle.  The Plaintiff was 13 at the time and was riding a bicycle.  Following the collision… [read post]
25 Jun 2012, 1:34 am by Norma Duenas
As you start thinking about filing bankruptcy, you might be quite clear about wanting to file a “straight” Chapter 7 bankruptcy or instead a Chapter 13 “adjustment of debts.”  Sometimes the choice between them can be quite straightforward.  But other times it’s a tougher call. There could very well be unexpected advantages with the option [...] [read post]
31 Oct 2012, 7:57 am by emagraken
  Adding to this site’s archived caselaw addressing examination for discovery, useful reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, making the following points: 1. silence (or even agreement) to a discovery request does not compel a party to comply with it 2. the court has no power to order that answers to questions outstadning at an examination for discovery be put in writing 3.  the narrower scope for document production requirements is not… [read post]
30 Apr 2012, 7:53 am by emagraken
As recently discussed, claims for litigation privilege can fail when a defendant’s insurer collects statements and information shortly after a collision in what is deemed to be the ‘investigative stage‘.  The simple reason being that such documents typically are not created for the dominant purpose of litigation. This analysis, however, does not necessarily translate easily to statements obtained by Plaintiffs following a crash because Plaintiffs do not share the same investigatvie… [read post]
31 Oct 2012, 7:57 am by emagraken
  Adding to this site’s archived caselaw addressing examination for discovery, useful reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, making the following points: 1. silence (or even agreement) to a discovery request does not compel a party to comply with it 2. the court has no power to order that answers to questions outstadning at an examination for discovery be put in writing 3.  the narrower scope for document production requirements is not… [read post]
13 Nov 2012, 6:05 am by emagraken
Earlier this year I highlighted two  judgements (here and here) discussing that the New Rules of Court don’t allow the Court to override solicitor’s privilege.  Further reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, confirming this principle. In the recent case (Nowe v. Bowerman) the Plaintiff was injured in a 2008 motor vehicle collision and sued for damages.  The Defendant set down a Case Planning Conference asking for an order that… [read post]
14 Feb 2010, 4:36 pm by Mike Shovan
Free Michigan Bankruptcy Consultation Do we Offer a Free Consultaion? Yes.  Go over right now, fill out the contact form and we can get your questions answered. You can also contact me through my website at www.mikeshovan.com, by email at mike@mikeshovan.com or you can call me direct at (989) 233-9389. Evening and weekend appointments are available. My office [...] [read post]
13 Nov 2012, 6:05 am by emagraken
Earlier this year I highlighted two  judgements (here and here) discussing that the New Rules of Court don’t allow the Court to override solicitor’s privilege.  Further reasons for judgement were recently released by the BC Supreme Court, Vancouver Registry, confirming this principle. In the recent case (Nowe v. Bowerman) the Plaintiff was injured in a 2008 motor vehicle collision and sued for damages.  The Defendant set down a Case Planning Conference asking for an order that… [read post]
23 Sep 2011, 7:08 am by emagraken
Given ICBC’s monopoly over vehicle insurance in BC they typically have to perform multiple roles following a collision including investigating the issue of fault in order to make internal decisions regarding the premium consequences for the customers involved in the crash.  Documents prepared during this ‘investigative‘ stage generally need to be produced during litigation and claims for litigation privilege will fail.  Reasons for judgement were released this week further demonstrating… [read post]
23 Feb 2012, 7:11 am by emagraken
Two documents that ICBC routinely asks Plaintiff’s to produce in the course of personal injury lawsuits are MSP and Pharmanet Printouts.  These are documents which essentially keep track of all of a Plaintiff’s medical visits and prescription medication fillings.  Does a Plaintiff need to comply with a request to produce these documents?  Reasons for judgement were released last month by the BC Supreme Court, Victoria Registry, addressing this issue finding that these documents are not… [read post]
21 Jun 2011, 7:15 am by emagraken
(Note: I’m informed that the case discussed in the below post is under appeal.  When the appellate decision comes to my attention I will update this post) As previously discussed, one of the areas being worked out by the BC Supreme Court is the extent of document production obligations in personal injury lawsuits under the New Rules of Court.  Further reasons for judgement addressing this subject were recently brought to my attention. In the recent (unreported) case of Shackelford v.… [read post]
13 Apr 2011, 2:10 pm by emagraken
In 2009 the BC Court of Appeal released reasons for judgement addressing the details necessary when listing privileged documents.  The first reasons I’m aware of addressing this issue under the New Rules of Court were released this week by the BC Supreme Court, Vancouver Registry, demonstrating that the law remains unchanged. In today’s case (Anderson Creek Site Developing Ltd. v. Brovender) the Plaintiff sued various defendants claiming damages for alleged unpaid accounts.   The Defendants… [read post]
10 Apr 2013, 7:17 am by emagraken
The current BC Supreme Court Rules cap examinations for discovery in a conventional prosecution at 7 hours unless the Court otherwise orders.   Reasons for judgement were released recently by the BC Supreme Court, Victoria Registry, addressing one circumstance when prolonging this cap was appropriate. In the recent case (Dhami v. Bath) the Plaintiff attended 8 hours of discovery.  A translator was used who “did a poor job“.  The… [read post]