Category: Civil Litigation
All you need is … the facts (usually)
even if the trial judge misstates the law. Or it’s not clear what the judge thought the law is.
That’s why appeals are, broadly, from the evidence, not the judge’s reasons.
An appellate court’s duty: correct explanations
Lawyers, and others, who aren’t experts in the subject matter read appellate decisions, too. That’s one of the ways we learn. That’s one of the ways we become better at what we do.
An appellate court fails one of its duties to the profession, and to the public, if the court explains a decision in terminology which incorrect and misleading, even if the decision is valid on the evidence.
Fault and liability are not synonyms. The members of a BCCA panel forgot that in the reasons in Hansen v. Sulyma, 2013 BCCA 349.
It’s not rocket science
Chapman v Chapman, 2013 BCSC 1176
An mva.
P was not represented.
D was not represent.
ICBC was a third party. ICBC was represented.
P lost.
Should P have lost?
The 4th Monkey Still in Abstenia 