Surrey ICBC Personal Injury Lawyer Facebook
How much of your “personal” life do you have to expose in personal injury litigation?
With MacLean Personal Injury on your side you will be protected from inappropriate ICBC intrusions on your privacy. You deserve to be treated with respect and we will ensure that you are in your Surrey ICBC Personal Injury Lawyer Facebook case.
We’ll take steps so that your ICBC car injury case does not become a roving attack by ICBC on you as a person. In a recent Chambers decision in the case of Tambosso v. Holmes et al., we were successful in defeating the ICBC defence application to have photographs and video of the Plaintiff’s wedding produced for trial.
Ms. Tambosso had been involved in 2 motor vehicle accidents for which she was seeking compensation. Close to the date of trial, the defence learned of the Plaintiff’s recent marriage and sought disclosure of all wedding photographs in the Ms. Tambosso’s possession or control, including but not limited to those taken by friends, family and a professional photographer as well as any video of the wedding itself.
At the time of the application, the Plaintiff had already been examined for discovery twice, over 400 photographs of Ms. Tambosso had already been disclosed and she had also been under significant ICBC video surveillance on 19 separate occasions.
After hearing submissions of the parties, the honourable Master Keighley found that an application for further disclosure of pictures and video of the Plaintiff’s wedding was completely disproportional and meritless, particularly in the face of the vast discovery that had already taken place. He further commented that some of the questions put to Ms. Tambosso by defence counsel in discovery were “intrusive and one might even say offensive”.
He dismissed the application as follows:
[13] When I finished hearing the submissions of counsel with regard to this application, I wrote down two expressions, the first one being “fishing expedition” and the second being “piling on”. [14] I do characterize this as a fishing expedition. There is no indication that the photographs which have not yet been disclosed with respect to her wedding will produce anything which goes to prove or disprove a material fact in this case. Presumably those photographs will be photographs of the claimant having fun, and one would expect her to have fun at her wedding. Her ability to have fun is not really the subject of this claim’ rather, there is the question of whether she has suffered any degradation of her physical or psychological functions as a result of the accident. [15] In terms of piling on, the third party already has ample photographic evidence with respect to her recent or at least post-accident circumstances. I am obliged of course to consider on any application the provisions of Rule 1 of the Supreme Court Rules with respect to proportionality. [16] How can it possibly be proportional in a matter of eight days prior to trial to require the claimant to seek out all photographs which may fit within the category of those sought in this application mystifies me. The application is dismissed.
Your Surrey ICBC Personal Injury Lawyer Facebook postings should cease after you have an ICBC injury as ICBC will do whatever they can to use your social media postings to reduce your entitlement to your fair personal injury award. Meet with us immediately after you have been to the hospital or your doctor. You need MacLean Personal Injury in your corner.
