Published Wednesday, 21 June 2006 by
David Spratley
(This is an archived case summary)
Desgagne v. Yuen, [2006] B.C.J. No. 1418
The plaintiff claimed damages for a personal injury suffered as a result of a collision when she was riding her bicycle. Her injuries permanently impaired her ability to obtain gainful employment. The defendants brought a motion to produce electronic evidence, including the plaintiff's video game system. The defendants argued that evidence of the plaintiff's usage of her video game system was relevant to the plaintiff's claim that the accident and resulting injuries had impaired her cognitive abilities.
The court held that evidence of video game usage was not relevant to the issue of the cognitive function (or lack thereof) of the plaintiff. Assessment of cognitive function is an area left to medical experts, and none of the experts retained in this case referred to video game usage as being relevant.
Summary by Chris Metcalfe
