On December 23, 2011, the BC Supreme Court released a decision on the use of video surveillance evidence in a motor vehicle accident case. In WILKINSON V. WHITLOCK, 2011 BCSC 1781 the Plaintiff was injured in a 2007 motor vehicle accident in Vernon, BC. The Defendant was found completely at fault after it was determined that she drove through a red light and collided with the Plaintiff’s vehicle. As a result of the collision, the Plaintiff claimed that she suffered an injury to her back. During the trial, the Plaintiff testified about her symptoms.
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In the important decision RAGUIN V. INSURANCE CORPORATION OF BRITISH COLUMBIA, 2011 BCCA 482(“RAGUIN”), released November 29, 2011, the Court of Appeal considered the Plaintiffs’ claim that ICBC had an obligation to pay for massage therapy benefits under Part 7 of the INSURANCE (VEHICLE) REGULATION(the “REGULATION”).
In the case of PARTI V. POKORNY, 2011 BCSC 955 (“PARTI”), the Court considered whether it was appropriate to grant the Defendant an order allowing access to the recording of a case planning conference (“CPC”). The Defendant’s application was made under Rule 5-2(7) of the SUPREME COURT CIVIL RULES, which states that “proceedings at a case planning conference must be recorded, but no part of that recording may be made available to or used by any person without court order”. The Defendant in PARTI was seeking a court order which would allow a court reporter to access this recording and make a transcript based on its contents.
In PARTI, the Plaintiff sustained injuries in a motor vehicle accident for which the Defendant had admitted liability. Defence counsel argued “on behalf of the defendant, and in reality ICBC” (at para. 5), that the Court’s analysis should begin with the presumption that CPC transcripts should be available for public access in conformity with the “open court principle”, unless a compelling reason for not granting access under Rule 5-2(7) exists.