Richard M. Bogoroch's Publications

Expert evidence is critical to the outcome of a personal injury case. As the reliance on expert witnesses in litigation increases, new and enhanced techniques are required to communicate complex issues to the trier of fact. Because expert testimony is…

Introduction Overview of Housekeeping Claims, The Pre-McIntyre Approach The right of an injured plaintiff to advance a claim for loss of housekeeping capacity is well established in Canadian law. In the Supreme Court of Canada decision of Peter v. Beblow1,…

Costs are an often overlooked aspect of civil litigation until the time comes to negotiate settlement. However, there are many occasions during the course of litigation, from the time the lawsuit is commenced to the motions stage and during trial…

This article, featured in The Lawyers Weekly, discusses how the Ontario Superior Court of Justice recently concluded that the province’s rules allowing judges to discharge juries in civil actions do not infringe the Charter.   The Ontario Superior Court of…

Few medical diagnoses have engendered as much controversy as fibromyalgia. Among doctors, lawyers and health care professionals, lines have been drawn as to the existence of this condition. As a lawyer who represents fibromyalgia survivors and their families, I can…

This paper reviews the framework for acting for persons under disability and to assist counsel and the insurer in understanding the myriad rules and procedures which inform and govern this aspect of the law. Review this article for more information…

Excerpt Judicial Treatment of Pain-Associated Disorders Cases involving pain-associated disorders, whether in the context of a tort action, accident benefits claim or long-term disability action, present difficult and unique challenges, not only because of the complexities of this medical condition…

This paper reviews a recent case from British Columbia in which the cap on general damages was unsuccessfully challenged and will then consider some recent case law assessing future pecuniary losses. It then turns to a consideration of the court’s…