Published by Law Courts Center and the Canadian Paralegal Institute APRIL 2015

February 19th, 2015serendipitously presentedtwo momentous occa-

sions that offered a glimpseinto how much our society hasembraced multiculturalism. Itmarked the start of the lunaryear of the ram It was also theAmici Curiae lecture whichfeatured three members of theCanadian judiciary speaking ongender and cultural diversity.

The Honourable MadamJustice Maryka Omatsu of theOntario Court of Justice startsby articulating recent statisticsbrought to light in the LawSociety of Upper Canada’sreport regarding racializedlawyers. The unfortunate consensus is that lawyers who are visible minorities facechallenges that are not issues totheir Caucasian counterparts.The report went even further toindicate that the discriminationof these racialized lawyersaffects the reputation of thelegal profession, access to justice, and the quality of service provided to clients.

Justice Omatsu notes that therehave been far-reaching effortsto promote diversity in bothgender and race. Indeed, for

the past thirty years the numberof women entering law hasgreatly increased, and the pastdecade has seen that womenare starting to largely outnumber men in law school.With respect to Vancouver andToronto, 17 – 18 per cent oflawyers are racializied.

“In-group Bias” is the term thatillustrates how people favourother people who they perceiveas similar to themselves. Forthe more than 50 per cent oflaw school graduates who arewomen, the factor of maternityleave and opting to staying athome and to raise their childrenoften results in women lawyerschanging their status and dis-rupting their careers. The reali-ty is that while the country hasbecome more progressive byoffering longer maternityleaves and organizing funds tohelp women to take time offwork for child-raising responsi-bilities, very few women aretaking advantage of theserecourses so that they do notfall behind their colleagues.

In BC, only 4.6 per cent of thepopulation is identified as FirstNations individuals. Of thelawyers practicing in British

Columbia, only 1.5 per centidentify as First Nations (whichequates to a total of 16 lawyersin the province). JusticeOmatsu specifically pointed outthese statistics because in aprovince that must acknowl-edge that the very lands weinhabit are unceded CoastSalish territories, we, as a community, need to nurture andfoster the multiculturalism wehave so proudly gained – weneed to extend these attitudeswithout constraint.

Of further interest is that 43 percent of racialized lawyersbelieve that the cultural barrierin some way hinders their entryand advancement. Of the non-racialized lawyers, only 3 per cent agree that race is abarrier to entry and advance-ment in the legal sector.

Are there proposals for changewithin the legal community?England and Wales have bothsigned diversity and inclusioncharters that promote the inte-

gration of cultural diversity. Inthe United States, a study wasdone in 1995, a mere 20 yearsago, that discovered that of allthe lawyers in the country, only1.6 per cent were eitherHispanic or African American.At this shockingly low average,measures were implemented toattempt to raise this statistic.After over a decade, the per-centage in 2015 rests at 1.9%.Canada has been called toaction to make changes.Nevertheless, with racializedlawyers, Ontario tends to seean overwhelming amount ofthem opting for practicing assole practitioners, mostly dueto discrimination in joininglarger firms.

Canadian General Counsel has 60 signatories to contractcompliance, where they consid-er diversity in hiring and pur-chasing practices, encouragingCanadian law firms to followsuit. In Ontario, the securitycommission has started to

(continued to page 4)

w w w . l a w c o u r t s c e n t e r . c o mApril 9 Trust Accounting 101 / 102April 11 Uncontested Divorce Orders for TFWsApril 16/17 Civil Litigation 102May 12 Lecture: Family Orders Do’s & Don’tsJune 2 Lecture: Does culture colour our courts?

Personal Injury Spring 2015 SeriesApril 27 Medico Legal Terminologies 101April 28 MVA Active Rehabilitation Workshop:

Understanding Soft Tissue InjuriesApril 29 Managing MVA Files 103April 30 Heads of Damage 101May 1 Clinical Records Studies 101May 2 Case Planning Seminar 201

3 Judicial Views: On Gender and Cultural Diversity Part 1

Supple leatherbrief cases perfect for chambers, mediations ortrials!

B!201504

Costs – if you are a litigant, it is the littleperson that sits on your

shoulder cautioning you of therisks of litigation.

An honoured guest at a recentAmici Curiae lecture, MasterLeslie Muir explains that thetraditional philosophy behindcosts is two-fold: 1) to awardthe prevailing litigant for successfully defending anunfounded claim or pursuing avalid legal claim; and 2) to actas a deterrent against weakand frivolous actions. It matters not whether you are aself-represented litigant (SRL);the principle of costs appliesequally to all litigants. This isthe underlying rationale tokeep in mind when courts areasked to veer away from thiswell-established principle.

Advance costs, then, can test acourt’s discretion to vary fromthe usual costs orders. Theyare funds that are awardedwhile the litigation is ongoingto allow disadvantaged litigants access to the court.In essence, it is an award that funds a party’s ability tolitigate further. While it ismeant to balance the scalesbetween parties, you canimagine the outcry that maycome from an opposing partywho would not receive thisspecial treatment.

On the other hand, MasterMuir points out that

matrimonial litigationenshrines advance costsawards in the Family Law Act,S.B.C. 2011 c. 25, s.89.Indeed, where one spouse isthe primary breadwinner andthe other is not, an advanceddistribution of family assetsthat would otherwise be dispensed anyways at the endof the litigation would onlymake sense in the fairness ofjustice.

Applied more broadly to public interest litigation, oneof the driving forces behindadvance costs awards in thistype of action is whether theclaim is meritorious. Themore merit a claim has, themore likely the award ofadvance costs.

From the 2003 Supreme Courtof Canada decision, BritishColumbia (Minister ofForests) v. Okanagan IndianBand, 2003 SCC 71 to therecent decision, Douglas LakeCattle Company v. NicolaValley Fish and Game Club,2015 BCSC 120, the criteriain granting advanced costshave gradually evolved. Inthe Douglas Lake decision,the court cited the followingfactors outlined in DishNetwork L.L.C. v. Rex, 2011BCSC 1105, reviewed onappeal, 2012 BCCA 161, atpara 68:

a) the potential effect of thelitigation is widespread andsignificant;

b) the outcome of the litigation would resolve con-tinued legal uncertainty;

c) the outcome of the litiga-tion may reduce the need forrelated litigation, and therebyreduce public and privatecosts;

d) the issue would not beresolved but for the litigation;

e) the litigation involvesscrutiny of governmentactions;

f) determination of the issue isan urgent matter;

g) the applicant was forcedinto the litigation or had nochoice but to resort to litiga-tion to assert their rights; and

h) one party controls all of thefunds that are at issue in thelitigation (e.g. trust and matrimonial litigation).

In the Douglas Lake action,the court indicated that anapplicant applying foradvance costs must demonstrate their inability tofund the litigation and notsimply prefer to seek their litigation funds elsewhere. Ifthe applicant cannot afford allcosts of the litigation, but neither are they impoverished,“the applicant must commit tomaking a contribution to thelitigation”. Relying of theSupreme Court of Canadacase, R. v. Caron, 2011 SCC 5at para 39, “[e]ven wherethese criteria are met there isno ‘right’ to a funding order”.In other words, there is noguarantee to an advance costsaward. Instead, it is left to thejudge’s discretion and inherent jurisdiction. In thejudge’s view, the DouglasLake action did not presentspecial circumstances as con-templated in Dish Network.

The Philosophy Behind Costs2 L I T I G A T I O N

In general , advance costsawards are treated gingerly,granted rarely, and only inexceptional circumstances.While the courts try tostreamline and facilitateaccess to justice, it can be aprecarious balance betweenaccess to justice and a justresult. Prolonged, unnecessarylitigation that runs contraryto the principle of proportion-ality is not something to beencouraged. Comprehensivedecisions, however, comefrom parties who can afford tothoroughly investigate andpresent their claims.

Master Muir observed that thelaw behind costs will developslowly and advance costsawards will be limited to anexceptional few cases.

At the end of the litigation, if you want to get to theproverbial pot at the end ofthe day, consider the risks ofproceeding with litigation andtread carefully. Bon appétit. !

Sharon Mah is a paralegalat Bull Housser Tupper,who covers the special topicof costs for Amici Curiae,whose paralegalsprepare Bills of Costs for self-represented litigants.

The recording of this lecture may be ordered.

Bills of Costs 101 $ 225

Bills of Costs 101Manual

Ihave been following theblog of a lawyer who hasbeen sharing his ordeal

as he goes throughchemotherapy and how hospitalists seem to be hard-wired with scripted questionsand solutions. Given theircase load, patients havebecome abstractions. Except sometimes there arepatients like him who havean exceptional case of pancreatic cancer, and tryingto fit a square peg in a roundhole will not work. Thelawyer has chronicled hisexasperation but has becomemore determined to continueasking very critical questionsand not necessarily acceptingof the prognosis or recom-mended treatment plan thathad been given to him.

This reminded me of TheHealing Power of Your OwnRecords, a New York Timesarticle published last March31 2015 which concludedthat there are many benefitsto having access to your ownrecords. Some of these ben-efits include being able tohave a more constructive dialogue with your doctorand having just plain peaceof mind.

Having become more educated about health andwellness has helped make

our meetings with our physicians who have a limited amount of time tosee us (three questions onlyplease) more effective. Withthe help of technology, wecan research before seeingour doctor, record our con-versation and write themback for further questions.

As to be expected, healthservice providers haveexpressed alarm in givingout patient information totheir patient. They are concerned that notes takenout of context may lead todangerous conclusions. And the more complex themedical issue at hand, thehigher the risk. Some havesuggested that knowing thattheir patient will end up getting their notes mightlead practitioners to thinktwice about how they writeand what to include in theirclinical records.

The NYT article wrote aboutMr. Keating who collectedhis own information, whichincluded the video of histen-hour surgery, dozens ofmedical images, geneticsequencing data and 300pages of clinical documents.

The blogging lawyer seesthe advances in technology

3 P E R S O N A L I N J U R Y S T U D I E S

A Better Informed Patient: Has Its Time Come?as empowering, an opportu-nity to re-calibrate the physician-patient relation-ship, with the patient havinga stronger say in his ownaffairs. In his case, his conversations with the specialists have been jarring,in his weakened state butwith a very lucid mind, hestill manages to tell themwhat he thinks. He hasrefused to sign forms toblock prescribed treatmentsjust to get the attention ofhis doctors.

Twenty years ago, not feeling well, but not wantingto avoid the insufferable waitin his office, I faxed my doc-tor to ask for a prescription.He faxed me back a drawingof his stethoscope and heasked me to self-diagnose.Scribbled below was … oryou can come in to see me.

These days, with the help ofmodern technology, the public has begun to makebetter use of their informa-tion to manage their person-al health care. Information isreadily exchanged betweenpractitioners and patients.Radiology reports can bestored in a hand held digitaldevice of your choice. Thereare apps that medical officesuse to remind patients totake their pills.

Tap. Tap. Tap. Click. Click.Now, the process is a lot lesspaper intensive. Gone are theindecipherable scribbles.Incomprehensible bumps,missing vowels and misspellings are a rarity.

Nowadays, when I see myGP, who continues to stressme out each time I see herbecause she is in a rush toattend to me and get to hernext appointment, I can stillask her my three questions.But my questions are betterquestions.

Knowing my own health history has allowed me toquestion her plan to prescribe a medicine by asking her to look back at acertain test result done yearsago. It felt good to have hersmile and apologize. A touchof humanity that I have notseen in a long time.

So think about your clients.Think about yourself andyour family. Should patientshave access to their personalhealth records? When is too much information dangerous? And what legalimplications will this newrelationship have?

I invite you to engage ourinstructors and your col-leagues on this very topic atour upcoming PersonalInjury Spring Series fromApril 27 to May 2 2015. !

Dom Bautista, who designedthe PI series, still keeps anopen mind about doctor visits; he still abhors the longwait times.

B!201504

Six courses in six daysq April 27 Medico Legal Terminologies 101q April 28 MVA Active Rehabilitation Workshop:

Understanding Soft Tissue Injuriesq April 29 Managing MVA Files 103q April 30 Heads of Damage 101q May 1 Clinical Records Studies 101q May 2 Case Planning Seminar 201

Personal Injury Spring 2015 Series

B!201504

Register on-line at:

WWW.LAWCOURTSCENTER.COM604.685.2727 • 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

LAW COURTS CENTER

PERSONAL INJURY SPRING 2015 SERIESAPRIL 27 TO MAY 2, 2015

Additional inormation is set out on the next page

B!1503

SIX COURSES IN SIX DAYS

SELECT FROM 1 TO 6

qApril 27 Medico Legal Terminologies 101q April 28 MVA Active Rehabilitation 101:

Understanding Soft Tissue Injuriesq April 29 Managing MVA Files 103q April 30 Heads of Damage 101q May 1 Clinical Records Studies 101q May 2 Case Planning Seminar 201

Register on-line at:

WWW.LAWCOURTSCENTER.COM604.685.2727 • 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

LAW COURTS CENTER

PERSONAL INJURY SPRING 2015 SERIESAPRIL 27 TO MAY 2, 2015

April 27 Medico Legal Terminologies 101 9AM to 5PM $548.80Monday How To Read And Understand Medical Terminologies: Medical terminology is like a puzzle: medical terms can be taken

apart and / or built up – roots, combining forms, suffixes and prefixes. Learn how to read medical records, the commonly used terms and abbreviations. You will get to learn how medical words are built. Then you will survey the following areas:basic organization of the body, the musculoskeletal system (bones and soft tissues)and the nervous system

April 28 MVA Active Rehabilitation: Understanding Soft Tissue Injuries 9AM to 3PM $262.50Tuesday At the end of the day, you should be able to:

1. learn about principles of active rehabilitation as it applies to soft-tissue injuries;2. identify what the musculoskeletal areas that should be the focus of assessments;3. using normative values understand what the appropriate amount of rehabilitation exercises should be;4. identify what makes for an effective initial assessment report; and5. develop best practices to mitigate injuries or to maximize rehabilitation costs.

April 29 Managing MVA Files 103 9AM to 5PM $548.80Tuesday An Introduction to the Preparation of an Effective File Binder: Master the mechanics of preparing your file binder;

regardless of whether you are acting for the plaintiff or defense. Learn to take advantage of the Rules of Court of the Supreme Court of BC. Gain practical experience by preparing an actual case binder.

April 30 Heads of Damage 101 9AM to 5PM $548.80Wednesday Learning outcomes:

1) understand concept of common law and stare decisis2) understand the concept and function of damages3) identify, understand and explain different heads of damage4) analyze fact patterns and assess applicable heads of damage5) identify, understand and explain factors which may affect quantum of damages

May 1 Clinical Records Studies 101 9AM to 5PM $548.80Friday How to read the most common medical records in BC:

The success of any personal injury litigation depends on the gathering and analysis of information. One of the most efficient ways of reducing hundred or thousands of pages of medical information into a concise report is by streamlining the information into a chronology You will learn how to collect the records that you need and how to overcome the many challenges associated with this task. With your records on hand, you will learn how to read each one. You will also have opportunities to discuss Glasgow Coma scores, SOAP, medications and lab tests.

May 2 Case Planning Seminar 201 9 to 11 AM $111.00Saturday Learning Outcomes:

1. What criteria to look for when first retained that will affect the conduct of the case;2. How to recognize elements ((ie novel issues, high value cases) that may develop in your case and how to ccommodate them; and3. What the key stages are in the life of a file.

B!1503

Legal Education

Trial Brief Preparation

Legal Printing & Legal Supplies

legalpresents.com

Briefly! is intended to provide information on new developmentsin litigation and lawpractice management.

For information,contact Dom Bautistaat 604.685.2727 or atdom@lawcourtscenter.com

Law CourtsCenter840 Howe ST #150Vancouver V6Z 2L2

4 P E R S O N A L I N J U R Y L I T I G A T I O N

It does not seem to matterwho you talk to these days,whenever you ask how it is

going, the answer is alwaysthe same: “crazy busy”. It isbeen that way for a while andit is not likely to change, sothe question is, what do youdo about it?

You could work harder andwork faster but the real answeris, you have got to work moreefficiently.

There are lots of time manage-ment approaches but in thearea of personal injury filemanagement, the bestapproach is case planning.We’re not talking about CasePlanning Conferences,although those can help. Caseplanning is looking at a file thefirst day it comes into yourhands and starting to plan itout based on its basic charac-teristics. Those initial consid-erations will guide your first(and subsequent) steps and setthe tone of the file.

One of those initial considera-tions will be the age of yourclient, as each age group willrequire a different approach tothe case plan.

An elderly client may haveother health issues that impacttheir injuries and rate of recov-ery. There may be a lot morerecords to collect. Mentalcompetency should be consid-ered, and it may be prudent tostart the action sooner if lifeexpectancy is a concern due totheir advanced age.

Younger clients (infants) willhave a much longer “horizon”for starting an action but youmust also be prepared toreceive a Notice to Proceed.

(continued from page 1)ensure that companies disclosetheir gender information annu-ally. This small gesture hasnow seen that there are morewomen taking positions onboards of directors. In spite ofthis, BC, Alberta and PEI havenot asked for any public inputfrom the commission.

For Ontario, the progressioncontinues: The advisory com-mittee overseeing their judicialappointments shows that overthe last 26 years their benchhas transformed into the mostdiversified in the country.

Other provinces have followedsuit in transforming the genderstereotypes with respect toappointments to the bench,with Quebec even having morewomen than men. Their lawsociety has initiated projectsfor racialized lawyers. Theyhave made numerous recom-mendations and are at the fore-front in creating programs tofoster an effort to minimize thedifficulties for the visibleminorities. While this offershope for provincial success, theFederal bench is lagging in astaggering way. Under theHarper government, there havebeen a meager two appoint-ments of women.

And we in BC wonder aboutthe two vacancies in the SCBC,as the Harper government hasnot convened the JudicialAppointment Committee sinceNovember 2014. !

The recorded version of thislecture is available. DomBautista is now preparing for the June 2 lecture: Doesculture colour the courts?Stacie Gin, paralegal atHeritage Law assisted him inwriting this article.

The Public Guardian andTrustee of British Columbiamay also be involved fromtime to time, and certainly atsettlement. You will alsorequire a Litigation Guardianand determine who is mostappropriate for that role.Case planning extends to thedevelopment of the body ofthe case. This will includeevents that may occur, issuesthat may emerge and varioussteps required to build thecase over several years.

One of the events that mayoccur in a catastrophic injurycase is the exhaustion of yourclient’s Part 7 benefits beforethe matter can be brought totrial. If the client’s needs aresuch that the Part 7 benefitsare being drawn down quickly– called the “burn rate” – youmust plan the case proactivelyto find alternative sources offunding and support services,or request a tort advance, wellbefore the benefits are deplet-ed so the client is not floun-dering months before the trialis to take place.

There are many more initialconsiderations, events andissues to be considered thatwill help the file to be runmore proactively and efficient-ly, and this applies to both therehabilitation and litigationsides of the file. There maynot be less work to do, but atleast you’ll know where it’slikely to come from! !

Dee Rogers, teacher extraordinaire and paralegalat Jarvis McGee Rice LLPreturns to lead the CasePlanning seminar on May 2,2015, which bookends sixdays of PI courses.

Adopting Best Practices inCase Planning in Litigation

Judicial Viewson Diversity

B! 201504

On Twitter: @lccdombautista

Our signature red coffee mugs

Judge, Lawyer,Mediator,Partner, QC

Now Available $22

Law Courts Center www.lawcourtscenter.com 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2 1505 B!

REGISTER ONLINE:

www.lawcourtscenter.com

REGISTRATION MLS 101 (INCLUDES HST #128573300) For more information please call 604-685-2727.

q Single seat Rate $548.80

q Multi-seat or Amici Curiae Group Rate $521.36

Medical terminology is like a puzzle: medical terms can be taken apart and / or built up – roots,combining forms, suffixes and prefixes. The learner will …

1. Construct and deconstruct selected medical terms relating to body systems, procedures,diagnoses, medical specialists, body or body part positions and measurements, by using prefixes,suffixes and combining vowels.

2. Demonstrate understanding of bodily movements.

3. Illustrate the anatomical aspects of the body in terms of planes, directions and positions.

4. Classify diagnostic and imaging tests according to their descriptions, names andabbreviations.

5. Describe the structures and functions of the musculoskeletal and nervous systems.

6. Identify basic pharmacological principles and practices that relate to medicationadministration for personal injury clients.

7. Summarize relevant aspects of the client clinical record as it relates to medicaldocumentation.

8. Generate plain language versions of medical record entries from both handwriting and textsamples.

9. Create and perform scenarios depicting selected medical terms and abbreviations relating tobody systems, procedures, diagnoses, medical specialists, body or body part positions andmeasurements by using prefixes, suffixes and combining vowels.

COURSE REPORTING FOR CPDThe Law Society has pre-approved 7.0 course hours towards your ContinuingProfessional Development requirements and 0 hours towards ethics & practicemanagement.

Location Law Courts Center, 150 - 840 Howe St, Vancouver BC V6Z 2L2

Instructor: Pauline Barratt BSc, MEd, RN says: Medical terms are not a foreign language! It is quite easy once youknow what the rules are. Let me show you how!

APRIL 27, 2015 9:00 AM TO 5:00 PMLaw Courts Center

Medico- Legal Studies 101HOW TO READ AND UNDERSTAND MEDICAL TERMINOLOGIES

Sometimes your client whohas been involved in a car accident lives in a long

term care or rehabilitation facilitywhere record keeping is doneusing charting by exception(CBE) unlike acute facilities thatuse more traditional charting methods. So is charting by exception an exception?

The short answer is yes. CBE isquite different from the morestandardized types of clinicalrecord keeping such as SOAPnotes or narrative charting. Andwhy do you need to know aboutCBE anyway? Well, in a personalinjury or medical malpracticecase, knowledge of CBE may becritical to your ability to gleanrelevant information from theclinical record. And because thereare potential pitfalls with this typeof charting, your understanding ofit can be very useful whenforming a chronology, looking forgaps in care, or absence ofrelevant information about thepatient in terms of their care,treatment and physicalobservations.

CBE evolved in the 1980’s as thecomplexity of patient careincreased, more was asked ofhealth care providers in the sameamount of time, and ways ofstreamlining documentation weresought. CBE is a method ofdocumentation where healthcareproviders enter information onlywhen there is something abnormal to report (this is the‘exception’). If it is normal, it isnot reported. For the most part, in facilities where CBE is used, the

day-to-day documentation takes place on flowcharts. Theseflowcharts may be very simpleand require only symbols or a tickor an x in a box. The flowcharts may record wound care, bowelmovements, patient behaviours,vital signs, etc.

You may by now be wonderinghow this abbreviated type of documentation can possiblyprovide all the information neededon a patient (client) record.Effective use of CBE relies upona full understanding of theinterplay of the flowcharts andprogress notes in the clinicalrecord and timely and accuratedocumentation. All health careproviders must be aware of theirresponsibilities, protocols andstandards of care. And thisawareness comes fromappropriate directives from thefacility administration in terms ofprotocols, standards, symbols,norms and other parameters. And,all health care providers must beequally diligent regarding theirrecord keeping.

So what does this have to do withyour case preparation? Well CBEhas its limitations and possiblelegal consequences. If somethingis noted as abnormal on a flowsheet but not followed up in thenarrative record then patient carecan suffer.

Prudence suggests askingquestions like these. If the patient is regarded as ‘normal’and documentation has not beendone for an extended period oftime does this mean that the

patient was neglected or that vitalinformation was missed or notacted upon? Has the staff become complacent about this type ofabbreviated charting resulting ingenerally lowered standardswithin that facility? Do thecaregivers understand that normalfor most patients is notnecessarily normal for a particularpatient?

Documentation must take this intoaccount. Staff also need to beaware that what might beabnormal for most patients maybe the normal for a specificpatient and that unnecessary‘exception’ notations are to beavoided.

Most importantly, it is critical thatwhen reviewing a clinical recordone must be aware of the type ofdocumentation used by thefacility. And if CBE is the methodof documentation there will be agreater effort needed to cross reference flow sheets against theprogress notes, and time lines ofthe various flow sheets and the narrative record, to see if thereis consistency, gaps, orcontradicting information.

In conclusion, being unaware ofthe interplay between all therequired documentation in CBEcould potentially affect theinterpretation of your client’sclinical records. !

Pauline Barratt RN BSN MED

LNC is leading the Medico-LegalTerminologies course on April 272015.

Charting by Exception – Is It an Exception ?

While each soft-tissue injury is unique, there are standards that parties should be alive to. For the

injured party and their counsel, to determine what is the best course of action to take on order to

mitigate their injuries. For insurance companies and their counsel, to determine what are the cost

effective solutions that they should authorize to get the most out of rehabilitation costs.

SCHEDULE FOR APRIL 28, 2015 (9:00 AM TO 2:30 PM)

Law Courts Center

MVA Active Rehabilitation 101 – Understanding Soft Tissue Injuries

Registration: WWW.LAWCOURTSCENTER.COM

Course Fees: (handouts and GST 128573300 included) q Single Seat $262.50

q Multi-Seat and Amici Curiae Group Rate $236.25

1504 B!

LOCATION Law Courts Center Suite 150-840 Howe St Vancouver BC V6Z 2L2

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGThis course is an elective in Canadian Paralegal Institute’s Qualified Paralegal Program in Civil Litigation.For your mandatory reporting of CPD hours, this course is 5.0 hours with 0.0 hours devoted to professionalresponsibility and ethics, and client relations. A Certificate of Completion is issued to you, if you earn at least 70% ofthe course requisites.

FACILITATORS:

CAT LOWE, BHK Kinesiologist

DOM BAUTISTA Law Courts Center Executive Director

MVA Active Rehabilitation (MAR 101)

Understanding Soft Tissue InjuriesThese are learning outcomes for this course:

At the conclusion of this course, including the completion of all pre, in-class and post-course work, the participants should be able tocompetently:1. Learn about principles of active rehabilitation as it applies to soft-tissue injuries;

2. Identify what the musculoskeletal areas that should be the focus of assessments;

3. Using normative values understand what the appropriate amount of rehabilitation exercises should be;

4. Identify what makes for an effective initial assessment report; and5. Develop best practices to mitigate injuries or to maximize rehabilitation costs.

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

The current Rules of Court provide for a shorter time to get the pleadings ready. This is your

opportunity to master the mechanics of preparing your file binder, acquiring the needed

information in a timely manner, and initiating the chronologies of the claim; regardless of whether your

are acting for the plaintiff or defense. Acquire best practices from a seasoned paralegal. Learn to take

advantage of the Civil Rules of Court of the Supreme Court of BC.

Plus here are the other learning outcomes for this course:1. how to correctly calculate 6 different limitation periods associated with MVA files;2. what information goes into Part 1, Part and Part 3 of a “motor vehicle” Notice of Civil Claim;3. how to effectively utilize chronologies and treatment charts;4. how to make redactions for privilege and irrelevance to clinical records; and5. at least 5 best practices for preparing for a motor vehicle trial.

CONTINUING PROFESSIONAL DEVELOPMENT CPD REPORTINGFor the mandatory Law Society of BC reporting of CPD hours, this course is 7.0 hours with no hours devoted toprofessional responsibility and ethics. A Certificate of Completion is issued to you, if you earn at least 70% ofthe course requisites.

LOCATION Law Courts Center CPD Room, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. INSTRUCTOR Gerrie Campbell, Senior Paralegal

QUESTIONS? Please write dom@lawcourtscenter.com or call 604-685-2727.

Law Courts Center 150-840 Howe Street, Vancouver, BC Canada V6Z 2L2 1504 B!

REGISTER ONLINE:

www.lawcourtscenter.com

REGISTRATION (INCLUDES HST #128573300)

q Single Seat $548.80

q Multi-seat or Group Rate for members of Amici Curiae, Greater Vancouver Legal Nurse Consultant Association $521.36

q Please send me a copy of the manual only as I am not able to attend. $263.20

SCHEDULE FOR APRIL 29, 2015 (9:00 AM TO 5:00 PM)Law Courts Center • Canadian Paralegal Institute

MVA STUDIES 103A FULL DAY OVERVIEW OF PERSONAL INJURY LITIGATION AND

THE KEY COMPONENTS TO PREPARING YOUR FILES EFFICIENTLY

A bumper-to-bumper overview of file procedures for MVAs

From when a bumper is creased towhen the gavel comes down on asettlement, file management plays

a crucial role in motor vehicle accident(MVA) files. There are very tighttimelines and, as with most litigation,there are several steps in the file thatmust be closely monitored.

Initiating the actionCases arising from MVAs are almostalways claims for personal injury. Underlaw, drivers owe a duty of care to oneanother to operate their vehicle withcare and attention; when an accidentoccurs, the plaintiff typically argues thatthe defendant is in breach of that dutyand thus should be liable to paydamages.

After the accident, an initial meetingbetween the lawyer and the client setsthe details of the accident while it isfresh in the client’s mind. Usually, theplaintiff will give the lawyer aconfidential statement, a list of doctorsand treating practitioners and theirworkplace contact information. Theclient may also provide additionalinformation such as a list of witnessesor whether police or ambulanceattended the scene of the MVA. Informthe plaintiff of the “no fault” benefitsavailable to the plaintiff (massagetherapy, etc) and their limitations.

Limitation periodsThe first date to note is the ultimatelimitation period for filing the notice ofcivil claim, which varies according tocircumstances. Keep an electronic andpaper reminder system for thislimitation period. The date of theaccident should also be added to eachfolder as a reminder.

PleadingsOnly once all of the information isobtained from the client can a pleadingbe drafted. For the NCC, the client willhave to provide the details of theaccident, their injuries and consequentwage loss. After the NCC and the RCCare filed, documents which pertain tothe accident and claims are disclosed by

each party. A file checklist should note,amongst other things, whether liabilityhas been admitted or denied.

Managing DocumentsMeticulous documentary evidence isnecessary for MVA files, the mostimportant of which are records fromtreating practitioners and wage lossrecords from employers. Finding a clearway to manage these documents as theycome in will help keep them accessibleand easy to find. Separating privilegeddocuments from disclosed documents iscrucial to maintaining confidentiality foryour client. Note the sender and the dateeach document was received. It ishelpful if there is both a paper and anelectronic copy of each document. Andbecause cash-register receipts aretypically printed using heat-sensitivechemical that fades over time, eachreceipt should be photocopied as theyare received and placed in their ownfolder.

Document DisclosureDocument disclosure starts with theLoDs, which is due 35 days after thefiled response to civil claim is served. Ifthe other party’s list is missingdocuments that pertain to their claims,then a demand can be made to producethose documents and amend their listaccordingly. If the documents are stillnot provided, then an order to compelthe party to produce documents can beobtained from a case planningconference or chambers application.

CPCs and Chambers ApplicationsA CPC needs to be scheduled beforeany chambers application if the action isunder fast track litigation. Thesuccessful party at the CPC can begranted an order setting out the issuesconsented to by the other party, witheach party bearing its own costs.However, orders granted in chamberscan award costs to the successful partyimmediately or after trial.

Examinations for DiscoveryDiscovery is an opportunity for thedefendant to hear the plaintiff’s side of

the story and vice versa. Defencecounsel will question the plaintiff abouttheir injuries and time missed fromwork. Usually, the lawyer questioningthe party will request that he or sheproduce documents or provideinformation. If liability has beenadmitted, plaintiff’s counsel may notneed to question the defendant. Theexamination is recorded and transcribedby a court reporter and can be used byeither party at trial.

Mediation and TrialThe plaintiff must attend at mediation,which can be voluntary or by noticecompelling the attendance of all parties.However, all parties and their lawyersmust attend the trial, although if liabilityhas been admitted, then it may not benecessary for plaintiff’s counsel toquestion the defendant at trial.

The entire process of a MVA file can beshown in the bill of costs. It is importantto clearly set out your claim for costsand describe in detail the chargesincurred.

Keeping your MVA file organized willhelp in the process. The case of RonPerrick Law Corporation v. McKeachie,2012 BCSC 859 (CanLII), shows that afirm’s fees may be reduced forattendance at chambers for documentproduction. In the recent case of Keenanv. Fletcher, 2012 BCSC 1555 (CanLII),Mr. Justice Gaul notes that instead ofcombining four MVA actions into oneclaim, four separate actions were startedby the plaintiff. The plaintiff wasawarded costs for the third and fourthaccidents and the defendant the first andsecond. Special care needs to be takento organize documents within the firm ifMVA files, which were separate actions,are then consolidated for trial.

Whether the client is retained just afterthe accident or just before trial, eachpart file management is important. Ifdocuments are properly managed fromthe onset then the disruption of a motorvehicle accident is not compounded bythe delays of poor procedure. !

This one day is designed to provide learners with an understanding of what heads ofdamages are in within a personal injury setting.

Learning Outcomes

1) understand concept of common law and stare decisis;

2) understand the concept and function of damages;

3) identify, understand and explain different heads of damage;

4) analyze fact patterns and assess applicable heads of damage; and

5) identify, understand and explain factors which may affect quantum of damages.

This course will make use of pre-course, case studies and post-coursework.

COURSE REPORTING FOR CPDFor those with CPD requirements, this course is 7.0 hours long with 0 hoursdevoted to ethics, professional responsibility, ethics, client care and relations. If you meet 70% of the course expectations, a Certificate of Completion is issuedto you.

LOCATION Law Courts Center CPD Room 840 Howe St #150 Vancouver BC

INSTRUCTOR Brian Gibbard, Barrister & Solicitor and Mediator

For more information please email dom@lawcourtscenter.com, or call604-685-2727.

For junior lawyers, solos,paralegals and legal secretaries!

SCHEDULE FOR APRIL 30, 2015 (9:00 AM TO 5:00 PM)

Law Courts Center

Heads of Damages 101

“Let me show youhow to analyze andassess applicableheads of damage! ”

Course Fees: (course materials and HST included) - Single Seat $548.80

- Multi-seat & Accredited Group Rate (Amici Curiae & Greater Vancouver Legal Nurse Consultant Association) $521.36

- Please send me a copy of the manual only as I am not able to attend. $263.20

Registration:WWW.CANADIANPARALEGALINSTITUTE.COM

150-840 Howe Street, Vancouver, BC Canada V6Z 2L21504 B!

Law Courts Center • www.lawcourtscenter.com 150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1504 B!

Law Courts Center

Heads of Damages 101

The concept of divisible v. indivisible injuries appearsat first quite confusing. Careful analysis of the lawwill provide guidance to both plaintiff and defence

counsel and their paralegals.

The question of divisibility of injuries arises when oneperson is injured in two or more incidents. Counsel, and ifthe matter proceeds to court, the court, must ask if theinjuries sustained are “divisible”, or “indivisible”.Significant consequences may arise from the answer.

In the leading case of Athey and Leonati [1996] 3S.C.R.458,the Supreme Court of Canada put it this way:

“...causation is established where the defendant'snegligence "materially contributed" to the plaintiff'sinjury...it is not necessary, for the plaintiff to establish that thedefendant's negligence was the sole cause of theinjury....As long as the defendant is part of the cause ofthe injury, the defendant is liable...Separation of distinct and divisible injuries is not trulyapportionment; it is simply making each defendant liablefor the injury he or she has caused...(In this case)The disk herniation and its consequences areone injury, and any defendant found to have negligentlycaused or contributed to the injury will be fully liable forit.”

These comments are discussed in Estable v. New 2011BCSC 1556. In this case Madam Justice Groppersummarized the law:“Divisible injuries are those which are capable of beingseparated out, such as injuries to different body parts orinjuries to which the defendant has notcontributed:...Whether damage derived from multiplesources is divisible for the purpose of determining theextent of the liability of one defendant is a question offact...If the injuries are divisible, the devaluation approachfrom Long v. Thiessen (1968), 65 W.W,R, 577... is theappropriate method of determining the amount ofdamages that can attributed to the defendant...The approach to apportionment in Long v. Thiessen istherefore no longer applicable to indivisible injuries. Thereason is that Long v. Thiessen pre-supposes divisibility:(it) requires courts to take a single injury and divide it upinto constituent causes or points in time, and assess

damages twice; once on the day before the second tort,and once at trial. Each defendant is responsible only fortheir share of the injury and the plaintiff can recover onlythe appropriate portion from each tortfeasor.Indivisible injuries are those that cannot be separated,such as aggravation or exacerbation of an earlier injury,an injury to the same area of the body ; or globalsymptoms that are impossible to separateIf the injuries are indivisible, the court must apply the"but for" test in respect of the defendant's act. Eventhough there may be several tortious or non-tortiouscauses of injury, so long as defendant's act is a cause, thedefendant is fully liable for that damage...”

The question then is: what kind of injury has been suffered?It seems clear that if the plaintiff has sustained injuries todifferent parts of the body - for example to the foot and tothe hand - in 2 separate incidents, the injuries will beconsidered divisible and individual defendants will be foundliable for the discreet injuries they cause.

Similarly, if the plaintiff is involved in two rear-endaccidents, and suffers a neck injury in the first, and anaggravation of that injury in the second, the injuries will beconsidered indivisible., and all the defendants will beresponsible for all the injuries.

When I mediate injuries resulting from two or moreincidents, the situation becomes murky where there isconflicting evidence as to whether subsequent events triggernew injuries or aggravations of previous injuries; or whenthe evidence shows subsequent injuries consequent toprevious injuries: for example, a back injury in the firstMVA, and a somewhat different back injury or apsychological injury in a second MVA.

The issue then between the parties often becomes whetherthe injuries are divisible or not, and if liability is contestedin one or all of the events, or when defendants havedifferent insurers, significant roadblocks to resolution mayarise.

It is therefore important to consider as early in the case aspossible the question: Are the injuries sustained by theplaintiff in this file divisible or indivisible, and whatdifference does it make? !

Divisible and Indivisible Injuries: who pays?

The success of any personal injury litigation depends on the gathering and analysis of information. One of themost efficient ways of reducing hundred or thousands of pages of medical information into a concise report is

by streamlining the information into a chronology You will learn how to collect the records that you need and howto overcome the many challenges associated with this task. With your records on hand, you will learn how to readeach one. You will also have opportunities to discuss Glasgow Coma scores, SOAP, medications and lab tests.

Course Prerequisite: Medico-Legal Studies 101 or equivalent course.

COURSE REPORTING FOR CPD

For who are fulfilling their CPD hours, this course is 7.0 hours with no hours devoted to professionalresponsibility and ethics. In addition, a Certificate of Attendance is given to you; or, if you receive a minimumof 70% on the course work, a Certificate of Completion is issued to you.

Venue: Law Courts Center, 150 - 840 Howe St, Vancouver BC V6Z 2L2

Instructor: Jodi McKinstry, Paralegal Quinlan Abrioux

For more information please call 604-685-2727. B! 1502

REGISTER ONLINE:FOR LAWYERS: www.lawcourtscenter.com

REGISTRATION CRS 101 (INCLUDES HST #128573300)

q Single seat Rate $548.80

q Multi-seat or Amici Curiae Rate $521.36

SCHEDULE FOR MAY 1 2015 (9:00 AM TO 5:00 PM)

Law Courts Center

Cl in ical Records Studies 101HOW TO READ THE MOST COMMON MEDICAL RECORDS IN BC

Medical Records• How the health regions are organised in BC

• Challenges in collecting medical records

Organising Medical Records• Learning about hospital charts• Organising a sample chart• Finding specific information in arecord

Reviewing Radiology• What do they reveal: films, ultrasounds, CTs and MRIs.

Emergency Health ServicesAmbulance Reports• Understanding a typical crew report• Study of what each item means

Glasgow Coma Scores• Revisiting GCS

Reviewing Medical Records• Charting different types• Systems review and SOAP

Medications• Working with CPS

Laboratory Testing

Putting Everything Together

This is what we will be doing for the day........

Law Courts Center150-840 Howe Street, Vancouver, BC Canada V6Z 2L2

SCHEDULE FOR MAY 1 2015 (9:00 AM TO 5:00 PM)

Law Courts Center

Admissibility of Clinical Record ... Smith v. Wirachowsky 2009 BCSC 1434

In this case the plaintiff was seekingdamages for personal injuryresulting from a motor vehicle

accident that occurred on March 15,2007. The plaintiff sustained soft tissueinjuries to her neck, back and rightshoulder as a result of the accident. Atissue was the quantum of damagesunder the following heads:

1. Pain and suffering and loss ofenjoyment of life;2. Past loss of earnings;3. Loss of future earning capacity;4. Loss of housekeeping capacity (past and future);5. Cost of future care; and6. Special damages.

During the course of the trial,plaintiff’s counsel sought to leadevidence of the plaintiff’s complaintsregarding her injuries by having herphysiotherapist and physician read-inportions of their clinical notes. Theplaintiff’s lawyer submitted that theclinical notes were admissible to provethat the statements contained thereinwere made, but not for the truth.

Justice Halfyard heard submissions onthis issue from both parties. The partiesagreed that the clinical notes qualifiedas “business records” under s. 42 of theEvidence Act. S. 42 provides asfollows:

(2) In proceedings in which directoral evidence of a fact would beadmissible, a statement of a fact in adocument is admissible as evidenceof the fact if

(a) the document was made or keptin the usual and ordinary course ofbusiness, and

(b) it was in the usual and ordinarycourse of the business to record in

that document a statement of the factat the time it occurred or within areasonable time after that.

In his reasons, Justice Halfyarddiscussed the decision of Metzger J. InSeaman v. Crook 2003 BCSC 464,where he held that, “statements madeto doctors as recorded in clinicalrecords which qualified as businessrecords business records under s. 42 ofthe Evidence Act, are admissible toprove that the plaintiff did make thosestatements, but not to prove that thestatements were true.”

Justice Halfyard went on to summarizethe law on the issue of admissibility ofclinical records as follows:

In my opinion, the authorities and therules of evidence establish that thefact that a plaintiff made a particularstatement to a doctor or therapist canbe relevant to the following issues(where such issues exist):

a) In cross examination of a plaintiff,to prove that the plaintiff made aprevious statement (which is allegedto constitute a previous inconsistentstatement or damaging admission);

b) In re-examination of the plaintiff,to rebut the suggestion (by defencecounsel) of recent fabrication orfailure to complain;

c) In cross examination of a doctorwho examined or treated the plaintiff,to prove that the plaintiff made aprevious statement (which is allegedto constitute a previous inconsistentstatement or damaging admission),where the plaintiff denied or did notadmit making the statement;

d) Where a doctor’s or therapist’sparticular recommendation for the

plaintiff’s treatment is challenged,and the plaintiff’s statement isrelevant to explain why that treatmentwas prescribed or administered; and

e) In cross examination of a medicalexpert witness called by either party,where it is alleged that the expertrelied on a particular statement madeby the plaintiff to him or her; orwhere it is alleged that the expertdisregarded or failed to consider aparticular statement made by theplaintiff.

It should be noted that there at leasttwo ways in which a plaintiff’sstatements recorded in clinical recordsmay become admissible as proof oftheir truth. The first way is where theplaintiff admits making a particularstatement to a doctor or therapistwhich appears to be inconsistent withthe plaintiff’s trial testimony, but thenadopts the previous statement as beingtrue (and rejects the conflicting trialtestimony).

In this case the statements wereadmissible but the court would need toweigh the credibility of such testimony.

The second way is where theplaintiff admits making (or is shownto have made) a previous statementrecorded in the clinical recordswhich if true, would constitute anadmission against interest.

Justice Halfyard considered thepurpose for which the physiotherapist’sclinical records were being introducedand determined that the statementscontained therein were not relevant toany issue in the trial that could havemade them admissible. !

by Jodi McKinstryParalegal Lacroix Mathers

At the end of your studies, you will be able to:

1. What criteria to look for when first retained that will affect the conduct of the case;

2. How to recognize elements ((ie novel issues, high value cases) that may develop in your case andhow to accommodate them; and

3. What the key stages are in the life of a file.

COURSE SUPPORT AND MATERIALS

This seminar

COURSE REPORTING FOR CPDThis course will give lawyers 2.0 course hours towards their Continuing Professional Developmentrequirements (and 0 hours for practice management and ethics) with the Law Society of BC. Inaddition, anyone who earns a minimum of 70% on the course work, will receive a Certificate ofCompletion.

LOCATION Law Courts Center CPD Room 150 - 840 Howe ST Vancouver BC V6Z2L2

INSTRUCTOR M. Dee Rogers, Senior Paralegal, Jarvis McGee Rice LLP

RESERVATIONS Please complete the form below and return to: Law Courts Center, Legal Education Program, 150 - 840 Howe Street, Vancouver, BC V6Z 2L2. Make cheques payable to Law Courts Center.

For more information please email <dom@lawcourtscenter.com>, or call 604-685-2727.

Law Courts Center150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1504 B!

REGISTER ONLINE:

www.lawcourtscenter.com REGISTRATION (INCLUDES HST #128573300)

q Single Seat $111.00

q Multi-seat or Amici Curiae Group Rate $99.75

SCHEDULE FOR MAY 2, 2015 9:00 AM TO 11:00 AMLaw Courts Center

Case Planning Seminar 201For those who are responsible for managing lots of files

Law Courts Center150 - 840 Howe Street, Vancouver BC Canada V6Z 2L2 1504 B!

It does not seem to matter whoyou talk to these days,whenever you ask how it is

going, the answer is always thesame: “crazy busy”. It is been thatway for a while and it is not likelyto change, so the question is, whatdo you do about it?

You could work harder and workfaster but the real answer is, youhave got to work more efficiently.

There are lots of time managementapproaches but in the area ofpersonal injury file management,the best approach is case planning.We’re not talking about CasePlanning Conferences, althoughthose can help. Case planning islooking at a file the first day itcomes into your hands and startingto plan it out based on its basiccharacteristics. Those initialconsiderations will guide your first(and subsequent) steps and set thetone of the file.

One of those initial considerationswill be the age of your client, aseach age group will require adifferent approach to the case plan.

An elderly client may have otherhealth issues that impact theirinjuries and rate of recovery. Theremay be a lot more records tocollect. Mental competency shouldbe considered, and it may beprudent to start the action sooner iflife expectancy is a concern due totheir advanced age.

Younger clients (infants) will havea much longer “horizon” forstarting an action but you must alsobe prepared to receive a Notice toProceed. The Public Guardian andTrustee of British Columbia mayalso be involved from time to time,and certainly at settlement. Youwill also require a LitigationGuardian and determine who ismost appropriate for that role.

Case planning extends to thedevelopment of the body of thecase. This will include events thatmay occur, issues that may emergeand various steps required to buildthe case over several years.

One of the events that may occur ina catastrophic injury case is theexhaustion of your client’s Part 7benefits before the matter can be

brought to trial. If the client’sneeds are such that the Part 7benefits are being drawn downquickly – called the “burn rate” –you must plan the case proactivelyto find alternative sources offunding and support services, orrequest a tort advance, well beforethe benefits are depleted so theclient is not floundering monthsbefore the trial is to take place.

There are many more initialconsiderations, events and issues tobe considered that will help the fileto be run more proactively andefficiently, and this applies to boththe rehabilitation and litigationsides of the file. There may not beless work to do, but at least youwill know where it is likely tocome from! !

Dee Rogers, teacher extraordinareand paralegal at Jarvis McGeeRice LLP returns to lead the CasePlanning seminar on May 2, 2015.Her seminar caps six days of PIcourses. For more information, goto: lawcourtscenter.com

9:00 Introductions and Expectations

9:15 What does “Case Planning” mean to you?

What does “theory of the case” mean?

9:25 Initial Considerations- limitation date- liability/risk

- age of the client- severity of the injuries- who are the parties- case scenario

10:00 coffee break

10:10 Case Development- complexity of the case- number of parties- volume of documents- dollar value of the case

- novelty of the issues- experts- case scenario

10:40 Case Management- workflow/momentum- chambers applications- strategic stages- file load- case scenario

This is what you will be discussing in this seminar:

Adopting Best Practices in Case Planning in Litigation