December 13, 2016
In the recent decision of Churath v. Cheema, 2016 BCSC 2303, the court found that the plaintiff was “not truthful” to both the court and his treating doctors, on the basis of video surveillance obtained by ICBC. The court said:
[56] The plaintiff complains of pain and limitations in movement. He has informed vocational and rehabilitation consultants of severe limitations to his capacity to function. I am not persuaded, however, that he has always told the truth to these Expertise nor to this Court.
[62] Mr. Gautam invites me to ignore the video. I do not consider that would be appropriate. I find the plaintiff has not been forthright with this Court when describing his pain and disability. I believe he is more physically able than he wants this Court to believe.
The full text of the decision can be found here: http://www.canlii.org/en/bc/bcsc/doc/2016/2016bcsc2303/2016bcsc2303.html?resultIndex=1
The McQuarrie Hunter Personal Injury Blog is maintained by the ICBC and personal injury practice group at McQuarrie Hunter LLP.
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