Is a plaintiff's failure to call her father with respect to vehicle positioning a matter said to be germane to the issue of liability?
British Columbia, Canada
The following excerpt is from Kovac v. Moscone, 2012 BCSC 845 (CanLII):
In McIlvenna v. Viebig, 2012 BCSC 218, Mr. Justice Sigurdson considered a similar submission involving the plaintiff’s failure to call her father with respect to vehicle positioning after the accident in which she was involved; a matter said to be germane to the issue of liability given the plaintiff’s limited recollection of the circumstances of the accident.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for liability when a collision occurs between a plaintiff motor vehicle and a forward vehicle? (British Columbia, Canada)
When will a court apportion costs in a mixed issue family matter between maintenance and support matters and custody and property issues? (British Columbia, Canada)
Can a plaintiff add a common issue addressing whether the mortgage provisions in issue are illegal or contrary to public policy? (British Columbia, Canada)
What is the test for a plaintiff to be put in a position he or she would have been in today if he was not injured in a motor vehicle accident? (British Columbia, Canada)
How have the courts sever the issues of liability and quantum in a motor vehicle accident case? (British Columbia, Canada)
What is the test for putting a plaintiff in a better position than her original position? (British Columbia, Canada)
What is the test for a plaintiff to be put in a position where they would have been in a similar position if they had not been injured in an accident? (British Columbia, Canada)
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
Is a motorist entitled to be questioned by a police officer on a matter unrelated to the operation of his vehicle on a motor vehicle? (British Columbia, Canada)
