Richard M. Bogoroch's Publications

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…

Agreements are powerful and extraordinary tools to achieve settlement. In recent years, with complex multi-party litigation becoming increasingly common, these agreements have performed an indispensable role in the pursuit of justice for injured victims by guaranteeing a minimum result, reducing…

Introduction The world is full of suffering, it is also full of overcoming it. Helen Keller The greatest evil is physical pain. St. Augustine The subject of pain remains an elusive and controversial one, largely due to its subjective experience,…

Introduction Principally, the key factors in the assessment of Family Law Act claims in a personal injury action, and for the purpose of this paper, a medical malpractice action, are the extent and duration of the loss, and the valuation…

Subtitled “A Step-by-Step Approach to Navigating the Insurance Maze and to Obtaining Justice for the Brain-Injured Survivor and His or Her Family”, this paper offers Richard Bogoroch’s observations, impressions, and experience in seeking justice for brain-injured individuals and their families.…

Introduction In civil litigation, there are a number of motions which counsel and law clerks can expect to regularly encounter. Preparation for these motions is usually within the purview of the law clerk, who is generally responsible for all correspondence…

By Richard Bogoroch

September 23, 2005

V. Expert Evidence: When Admissible22 Four criteria known as the “Mohan test”23 must be satisfied in order for expert opinion evidence to be admissible. A. Necessity in assisting the trier of fact. B. Relevance. C. A properly qualified expert. D. The…