Behiels et al. v. Swanson, 2016 ABQB 573

CourtCourt of Queen's Bench of Alberta (Canada)
Subject MatterTORTS,PRACTICE,INSURANCE,EVIDENCE,DAMAGE AWARDS
Date11 October 2016
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3 practice notes
  • Defence & Indemnity - February 2017: III. QUANTUM/DAMAGES ISSUES
    • Canada
    • JD Supra Canada
    • March 10, 2017
    ...the defence of inevitable accident due to a medical condition, certain circumstances give rise to a presumption that the defendant drove negligently and the defendant needs expert medical evidence that causally links his or her medical condition with the accident. Behiels v. Swanson, 2016 ABQB......
  • Defence & Indemnity - February 2017
    • Canada
    • Mondaq Canada
    • March 6, 2017
    ...and the defendant needs expert medical evidence that causally links his or her medical condition with the accident. Behiels v. Swanson, 2016 ABQB 573 per Prowse, Master Read More IV. PRACTICE ISSUES The doctrine of abuse of process does not preclude re-litigation of the issue of whether or ......
  • Cullen v Kao, 2019 ABQB 799
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 17, 2019
    ...conditions and symptoms given by a defendant may be of no evidentiary value if what is required is a medical opinion: Behiels v Swanson, 2016 ABQB 573, paras [16]        In some cases, defendants had a pre-existing condition that could interfere with drivi......
1 cases
  • Cullen v Kao, 2019 ABQB 799
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 17, 2019
    ...conditions and symptoms given by a defendant may be of no evidentiary value if what is required is a medical opinion: Behiels v Swanson, 2016 ABQB 573, paras [16]        In some cases, defendants had a pre-existing condition that could interfere with drivi......
2 firm's commentaries
  • Defence & Indemnity - February 2017: III. QUANTUM/DAMAGES ISSUES
    • Canada
    • JD Supra Canada
    • March 10, 2017
    ...the defence of inevitable accident due to a medical condition, certain circumstances give rise to a presumption that the defendant drove negligently and the defendant needs expert medical evidence that causally links his or her medical condition with the accident. Behiels v. Swanson, 2016 ABQB......
  • Defence & Indemnity - February 2017
    • Canada
    • Mondaq Canada
    • March 6, 2017
    ...and the defendant needs expert medical evidence that causally links his or her medical condition with the accident. Behiels v. Swanson, 2016 ABQB 573 per Prowse, Master Read More IV. PRACTICE ISSUES The doctrine of abuse of process does not preclude re-litigation of the issue of whether or ......

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