Tang v. Rogers (February 2, 2011), Docket M082360
ICBC Injury Claim and Witness Statements
The Plaintiff was significantly injured while attempting to make a right turn into his driveway. He was struck by a vehicle attempting to pass him on the right. The driver of that vehicle claimed that the Plaintiff had his left turn signal on. He was supported in this view by his passenger and an independent witness who allegedly gave a statement to ICBC saying that the Plaintiff had his left turn signal on. ICBC refused to disclose this statement, and argued that the Plaintiff was 100% at fault for the collision. Simpson Thomas and Associates ran the issue of liability to trial. A crucial moment in the trial was during the cross-examination of the independent witness, who claimed that the Plaintiff had his left turn signal on. During a voir dire, the court accepted Simpson Thomas’ argument and ordered that the statement of the witness be disclosed. When confronted with the contents of the statement, the witness changed his testimony and conceded that he was really not sure if the Plaintiff had his left turn signal on or not. Ultimately, the court rejected the evidence presented by the defence side on this point, and found that the Plaintiff did not have his left turn signal on. As a result of this crucial finding of fact in favour of the Plaintiff, the court found the Defendant to be 75% at fault for the collision.