Brett Gladstone Law and West Bend v Gladstone

Brett Gladstone Law

Brett Gladstone Law offers top-notch criminal defence representation in Winnipeg and across Canada. Whether facing charges related to drugs, trafficking, sexual assault, theft, DUI, impaired driving, domestic violence or fraud, you can trust that we will provide the best possible support. URL

In his opinion, Gladstone contends that the trial court abused its discretion by admitting evidence of his medical bills at trial because he did not seek recovery of those expenses and the bills have no probative value. He also argues that the trial court should not have permitted his expert witness, Dr. Spence, to testify that the wrist injury Gladstone sustained in the accident caused his arthritis.

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On the other hand, West Bend argues that Gladstone’s medical bills and his expert testimony should be admissible because they are relevant to the jury’s determination of the amount of Gladstone’s pain and suffering. The trial court, as the final arbiter of the facts and the law in this case, was entitled to exercise its discretion to decide what evidence to admit.

A trial court’s evidentiary decisions are reversed only for an abuse of discretion that results in prejudicial error. Moreover, it is well established that a trial court may use any source of relevant information in its evaluation of a plaintiff’s claim for pain and suffering. In addition, Gladstone did not object to the admission of the evidence of his insurance payments at trial, nor did he request that the evidence be redacted pursuant to the collateral source rule in this state.

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