An unfortunate middle-aged immigrant from Poland was involved in
six automobile accidents over the course of five years. Five of
these accidents resulted in separate lawsuits however the sixth, a
collision with a deer, did not result in litigation.
After the usual litigation steps, the self-represented litigant
went to trial in Lethbridge which spanned four weeks. At the
conclusion of the action the Judge issued his written reasons awarding the
Plaintiff a global amount of $11,500.
In many respects, this case was an unremarkable car crash trial.
There were however a few items of note in the Judgment in that the
Learned Trial Judge:
Found that in Canada there is no inherent right of a civil
litigant to a fully translated trial in their mother tongue.
Made scathing findings concerning the credibility of the
Found that the Plaintiff's family doctor and her
chiropractor lacked credibility as they acted as advocates for the
In effect ignored the decision of Canada Pension Plan to
provide the Plaintiff with disability benefits. However, the Court
did reference the Plaintiff's self-representation before that
body in assessing her credibility and skills in communicating in
Found that three of the five accidents resulted in no damages
whatsoever and that, if not remarkable, was quite unusual in this
Did not apply the Minor Injury Regulation and instead
simply found that the injuries were "very minor" and he
came to his own conclusion on damages without reference to the
However, the most fascinating part of this litigation was the
fact that the five Defendants in this case together offered the
Plaintiff over $500,000 prior to trial to settle these claims and
the Plaintiff was awarded a global $11,500 at trial. At the costs
hearing following trial, the Trial Judge awarded the Defendants
$325,000. The Plaintiff also has a judgment against her by one of
her three former counsel for over $100,000 as well as a judgment
against her for almost $40,000 resulting from a high interest rate
loan she took against the proceeds of the litigation.
The Plaintiff appealed the decision and in a relatively brief decision the Court of Appeal dismissed the
Plaintiff's appeal and further costs have been awarded to the
Don Dear, Q.C. and
Sue Remmer, both of McLennan Ross, represented four of the five
defendants at trial and represented all five defendants before the
Court of Appeal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Alberta is going through a difficult economic period. These times can be challenging and while owners struggle to get their business through the rough patch, they want to preserve the assets and capital they have built up.
Legal issues surrounding contaminated sites affects landowners, developers, realtors, as well as consultants and contractors working on the front lines. This webinar will provide a practical review of how the legislation is actually being used, recent court decisions, challenges with brownfield developments, and future changes.
Who Should Attend: This webinar will be of interest to developers, contractors, environmental and real estate consultants, realtors, owners or lessors of land which may be impacted, and municipalities.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).