What is the test for counsel in a personal injury case?

British Columbia, Canada


The following excerpt is from Shapiro v. Simpson, 2016 BCSC 211 (CanLII):

The task is among the most difficult trial judges face, as it is among the toughest work lawyers are asked to do. No trial is perfect; resources of time and money are always limited. An endless fight between two parents is the best guarantee of a poor outcome for a child, as ordinary experience and common sense tell us, and as every child care expert repeats to every parent and every court in every case, including this one. Guided by relevant statutory guidelines, counsel must put before the trial judge a sufficient picture of the children’s circumstances to permit a fair decision as to a care regime that would be in the best interests among those available at the time of the trial: Bain v. Bain, 2008 BCCA 49.

Other Questions


In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury case, in what circumstances will the BCSC provide advice to the parties on organization and preparation of the personal injury trial? (British Columbia, Canada)
What is the test for calculating damages for personal injury in a personal injury case? (British Columbia, Canada)
What is the test for establishing a claim for personal injury in a personal injury case? (British Columbia, Canada)
Does the Court have jurisdiction to hear personal injury claims in personal injury cases? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Canada consider a motion for personal injury in a personal injury case? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
What is the quantum of damages for personal injury awarded in a personal injury case? (British Columbia, Canada)
What is the case law in favour of the Court of Appeal in the case of the Supreme Court of Canada's most senior judge in the matter of personal injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.