What are the main arguments in a personal injury action brought by a plaintiff against a defendant?
British Columbia, Canada
The following excerpt is from Tuchscherer v. McMaster, 2001 BCSC 1340 (CanLII):
The defendant argues that the claim is modest and that there is no work loss. The defendant does not suggest any malingering nor that there is anything complicated about the case. However the defendant says that there is the serious inconsistency in the plaintiff's evidence which should be investigated at trial. The defendant argues that this extends to the plaintiff's credibility. Therefore the defendant argues this is not a proper case to be decided pursuant to Rule 18A (Brayshaw v. Sommerfeld, [1996] B.C.J. No. 432 (S.C.)).
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