08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. The material facts are not in dispute; it is a question of drawing inferences from the facts to arrive at a proper assessment of damages. I agree with the parties’ assessment that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that caused mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages....

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. Although the parties argue the court should draw different inferences from the facts, the material facts are not in dispute. Accordingly, I agree that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that led to mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages.MATERIAL FACTS...

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07 Jun Balderston v. Aspin

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims to have suffered injuries as a result of motor vehicle accident which occurred on September 17, 2008. The defendant denies liability for the accident....

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02 Jun Mehta v. Douglas

Posted at 00:00h in Motor Vehicle Accident

             At the conclusion of a summary trial I invited counsel to make submissions in writing dealing with the issue of costs. The summary trial involved the assessment of damages for the infant plaintiff who was injured in a motor vehicle accident....

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01 Jun Doho v. Melnikova

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury damages action arising out of two motor vehicle accidents. The main issues are, on the one hand, the plaintiff’s claims for loss of opportunity to earn past income and for reduction of his future earning capacity, and on the other, the defendants’ claims that the plaintiff failed to mitigate his loss and that his injuries have not impacted his earning capacity in a legally meaningful way....

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01 Jun Green v. Pelley

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The plaintiffs in these two actions, Jennifer and Jeffery Green, were occupants of a motor vehicle involved in a serious collision with a Ford pickup truck owned by the defendant Robert McIvor.  Mr. McIvor had given possession of the truck to his daughter, the defendant Jill McIvor, who, for the sake of convenience, I will refer to her by her first name largely throughout these reasons....

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19 May Burton v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Connie Burton, sues the defendant, Insurance Corporation of British Columbia (“ICBC”), pursuant to s. 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231 (the “Act”), as a nominal defendant, arising out of an alleged hit and run accident that occurred in Duncan, B.C., on December 1, 2008. Mrs. Burton had stopped at a stop sign waiting to turn right and join southbound traffic on the Trans Canada Highway (“TCH”) when an unidentified vehicle hit the Burton vehicle from behind and, shortly after, left the scene....

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12 May Miller v. Boughton

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff and the defendant litigated the plaintiff’s claims before a jury relating to a motor vehicle accident that occurred in Kamloops, British Columbia on July 22, 2006....

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