20 Apr Biefeld v. Neetz

Posted at 00:00h in Motor Vehicle Accident

             On September 7, 2007, the plaintiff, Claire Biefeld, was involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C.  I will refer to this as the “Accident” or the “September 2007 Accident.”  Ms. Biefeld asserts that, as a result of the Accident, she suffered a number of injuries, including to her neck, left shoulder, left arm and left hand.  She says that her symptoms eventually caused her, in October 2014, to leave a job she loves.  Ms. Biefeld says further that, as of trial and as a result of her injuries, she continues to experience serious and debilitating symptoms and pain, particularly in her left arm and shoulder, and that, based on all of the medical evidence, the prognosis for any improvement is poor.  In addition to non-pecuniary damages, Ms. Biefeld seeks compensation for past income loss, loss of future income earning capacity, cost of future care and special damages....

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19 Apr Manoharan v. Kaur

Posted at 00:00h in Motor Vehicle Accident

             On July 13, 2010 the plaintiff was injured in a motor vehicle accident at the intersection of Fraser Street and 41st Avenue in Vancouver. The plaintiff’s vehicle was moving slowly west on 41st Avenue in the dedicated left turn lane. The front of her vehicle was about 10 to 12 feet back from the entrance to the intersection. The defendant's vehicle emerged from a small shopping centre adjacent to the north east corner of 41st Avenue and Fraser Street. The defendant drove south across the westbound lanes on 41st Avenue towards the left turn lane where the plaintiff's vehicle was proceeding slowly westbound. It appears the defendant intended to drive to the front of the left turn lane to travel south on Fraser Street. In doing so the defendant did not manage to place her vehicle at the head of the queue to turn left. Instead, the left front of her vehicle collided with the right front of the plaintiff's vehicle....

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18 Apr Cyr v. Kopp

Posted at 00:00h in Motor Vehicle Accident

             On November 18, 2011, the plaintiff was involved in a motor vehicle accident (the “MVA”).  He was the driver of a vehicle that was stopped at a red light when it was struck from behind by a 10 ton flat-bed truck (“Truck”) driven by the defendant, Rod Kopp and owned by the defendant PNL Logistics Ltd. (collectively the “defendants”).  The plaintiff claims damages for the injuries he sustained in the accident....

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15 Apr Letain v. Quatsino Lodge Ltd.

Posted at 00:00h in Uncategorised

             The plaintiff, Cheryl Letain, suffered a broken ankle as a result of a fall on an articulated ramp leading to the dock of a fishing lodge owned and operated by the defendants: Quatsino Lodge Ltd., Walter Schoenfelder and Jean May Schoenfelder. Ms. Letain claims that the defendants are liable for damages based on the condition of the articulated ramp pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

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15 Apr Watson v. Charlton

Posted at 00:00h in Uncategorised

             This action concerns a dispute between neighbouring property owners in North Vancouver over encroachments resulting from a stairway, deck and septic tank attached to the plaintiff’s house but built on the defendants’ land. The plaintiff’s septic tank encroaches by .75 m over the defendant Bartlett’s land. The plaintiff’s stairway and deck area to the side of his house encroached about three feet on the defendant Bartlett’s property....

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14 Apr Schoenhalz v. ICBC

Posted at 00:00h in Motor Vehicle Accident

            The plaintiff, Trissteen Schoenhalz (“Ms. Schoenhalz”), seeks a declaration that she is entitled to an order pursuant to s. 20 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 [Act], that the defendant, the Insurance Corporation of British Columbia (“ICBC”) pay her $282,992.82 or its limits. She also seeks her costs, assessed at Scale B....

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13 Apr Uppal v. Judge

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Bhupinder Singh Uppal, claims damages arising out of four motor vehicle accidents that occurred on July 20, 2009, May 13, 2010, June 10, 2012, and December 21, 2014. Mr. Uppal commenced four separate proceedings that were heard together. Liability has been admitted, except for the accident of May 13, 2010. For the reasons which follow, I find the defendant Karnail Singh Bassi liable for the accident of May 13, 2010. Damages are therefore the only issue....

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11 Apr Matharu v. Gill

Posted at 00:00h in Motor Vehicle Accident

             Hardeep Matharu, the plaintiff, was driving west on Nordel Way in her mother’s pickup truck when it collided with the van driven by the defendant, Balwant Gill. The parties each say the accident was caused by the negligence of the other party. The defendant acknowledges that Ms. Matharu suffered soft tissue injuries as a result of the accident, but takes issue with the nature and extent of the symptoms she suffered. The defendant says that any persisting symptoms experienced by Ms. Matharu were caused by her pre-existing conditions of inflammatory polyarthritis, osteoporosis, anemia and anxiety disorder. As a result of the parties’ positions, liability and damages were seriously contested at the trial of this action. In the reasons which follow, I set out my conclusions on both.Liability...

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08 Apr Dabu v. Schwab

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in a motor vehicle accident on September 23, 2011. She now suffers from neck, back and shoulder pain. Liability is admitted....

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08 Apr Hendrix v. Handa Travel Student Trip Ltd.

Posted at 00:00h in Uncategorised

             This is an application by the defendants, Handa Travel Student Trip Ltd. and S-Trip! (collectively the “Handa defendants”) for leave to file a third party notice and for an extension of the time within which to serve that third party notice for a period of one year...

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