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Calgary Alberta Courtroom Procedures for Providing Evidence by Calgary Injury Lawyer Walter W. Kubitz

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The attached PDF was provided to the Alberta Civil Trial Lawyers Association on March 10 & 12, 2020 for the Weapons in Chambers Seminar.

The contents of the PDF is not intended to provide legal advice. Specific legal advice about your situation should be sought from one of our lawyers. Call us at 403-250-7100 if you wish to discuss your claim.

To download the document click: Evidence in Chambers

The guide is provided to help potential claimants better understand the procedures of submitting evidence by their legal team with respect to the complexity of such matters.

The Table of Contents of the document is:

  • Some Basic Tips
  • Chambers Evidence Generally
  • Sources of Evidence for Chambers Applications
  • Actions Commenced by an Originating Application
  • Applications for Judicial Review
  • Actions Commenced by a Statement of Claim
  • Sources of Evidence to Consider
  • Affidavit Evidence in Actions Commenced by Statement of Claim
    Transcripts of Questioning on an Affidavit
  • Use of Transcripts of Questioning of the Opposite Party
  • Questioning by Way of Written Questions (Interrogatories)
  • Answers to Undertakings
  • Transcripts of Questioning of Non-parties
  • Transcripts of Questioning of Experts Before Trial
  • Oral Evidence
  • Video Recording in Place of Transcripts
  • Notice to Admit Facts/ Written Opinion and a Reply to a Notice to Admit
  • Questioning to Preserve Evidence for Future Use (Commission Evidence or Evidence De Bene Esse)
  • Evidence Taken of Persons Outside Alberta
  • Evidence Taken in Any Other Action. (Rule 6.11 (1)(f), a.k.a. a rule that does not mean what it says.)
  • Conclusion
  • Acknowledgements
  • Appendix 1. ANC Timber Ltd. v. Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, Topolniski J
  • Appendix 2. Selected Rules of Court

Fatal Accidents Heads Of Damages

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No Fault Benefits

  1. Private Death Insurance
  2. CPP Benefits
  3. Section B Death Benefits
  4. WCB Benefits

Fault Benefits

  1. Fatal Accidents Act Claims

  • Bereavement
  • Treatment costs prior to death
  • Travel and accommodation expenses for visitation prior to death
  • Funeral expenses
  • Grief counselling costs
  1. Survival of Actions Act Claims

  • Any actual financial loss suffered by the deceased or his estate. Includes funeral and memorial expenses.
  1. Common Law Claims

  • Loss of Shared Family Net Income/Support to Dependents, including fringe benefits. (Dependency Claim).
  • Loss of Valuable Family Services/Housework, yard work, child care, etc.
  • Loss of Future Accumulated Wealth (Lost future savings, investments, and capital that would have been inherited by the survivors absent the early death.
  • Loss of Deceased’s Post Retirement Benefits up to end of joint life expectancy.
  • Children’s Loss of Love, Guidance, Education, Training, Encouragement and Companionship. (Part of the bereavement claim per 2010 ABQB 337).
  • Loss of expectation of gifts.
  • “Filial piety” claim of the parents for support that the deceased child would have provided to them.
  • Loss of Consortium of Surviving Spouse (May be part of the bereavement claim?)
  • Voluntary Services performed by family or friends before or following death.
  • Management Fee.
  • Tax Gross up.

This Fatal Accidents Heads of Damages worksheet was created by Kubitz & Company.

Personal Injury Claims Process

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INITIAL MEETING

•    Review of accident facts, liability, injuries suffered, and the claims available to you
•    Advice regarding No-Fault and other benefits

OPEN FILE IF RETAINED

NOTICES TO

•    Administrator, Motor Vehicle Accident Claims Act
•    City or Municipal District
•    Opposing insurance company
•    WCB
•    SEF 44 Insurer
•    Minister of Infrastructure

UPDATE MEETINGS – every 3 – 4 months

•    Review medical treatment and functional restrictions
•    Review expenses, income, and other losses

INFORMATION GATHERING and TREATMENT

•    Police Collision Report and file
•    Motor vehicle ownership searches
•    Witness statements
•    Hospital records
•    Doctor’s, Physiotherapist’s, and Chiropractor’s treatment notes/medical reports
•    Alberta Health Care Statement of treatment paid by them (list of Doctors).
•    Section B benefits file
•    Tax returns and income loss details

ISSUE AND SERVE STATEMENT OF CLAIM

•    Prepare and file Statement of Claim; limitation period can be 1 year for claims against your own insurer, and 2 years for claims against other drivers, with exceptions (Minors, Dependent Adults, etc).

RECEIVE STATEMENT OF DEFENCE

•    If no Statement of Defence is filed, or if a Demand of Notice is filed, note Defendant in default.  Provide notice to Administrator, Motor Vehicle Accident Claims Act.  Apply to Court for assessment of damages or final judgment.

PREPARE AFFIDAVIT OF RECORDS

QUESTIONING

•    Prepare client
•    Conduct Questioning of other side
•    Attend at Questioning of client

UNDERTAKINGS

•    Answer undertakings given at Questioning

QUESTIONING ON ANSWERS TO UNDERTAKINGS

ASSESSMENT and NEGOTIATIONS – can occur at various points in time

•    Order medical reports and treatment charts once “maximal medical improvement” is reached, meaning that the injury is well stabilized and unlikely to change substantially in the next year with or without treatment,
•    Research the applicable law; quantify damages
•    Attempt to settle claim

DEFENCE MEDICAL EXAMINATION

•    Videographer present at our request

MANDATORY MEDIATION

•    Judicial or private

TRIAL

•    Prepare for trial and brief witnesses
•    Conduct trial

JUDGMENT

•    If judgment is in your favour, prepare Judgment Roll and Bill of Costs, obtain payment from Defendant’s insurer, or apply for payment from the Motor Vehicle Accident Claims Fund.  If your SEF 44 policy was accessed, obtain payment from your insurer.  Pay out any subrogated claims.  Pay our account.  Pay balance to yourself.  In some circumstances a structured settlement may be to your advantage.  File Acknowledgement that Judgment or Order has been satisfied.

This Personal Injury Claims Process worksheet was created by Kubitz & Co.