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 Thompson v. Lowey

Posted at 00:00h in Motor Vehicle Accident

            This is an assessment of the Plaintiff’s bill of costs in a personal injury action that was settled at a mediation some three and a half months before the trial. The trial had been scheduled for nine days with a jury....

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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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12 Apr Margison v. British Columbia

Posted at 00:00h in Other

             The plaintiff suffered serious injuries when he was assaulted by the third party, a fellow inmate at the North Fraser Pretrial Centre. He alleges the Province failed to take reasonable care to prevent the assault....

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