04 May Chow-Hidasi v. Hidasi

Posted at 00:00h in Motor Vehicle Accident

             Liability for a single-motor-vehicle accident is the issue on this summary trial. On January 26, 2007 the parties were on route from their home in Peachland to Vancouver by way of Highway 97C . As they approached the summit the defendant, Mr. Hidasi, lost control of the car. The plaintiff, Mrs. Chow-Hidasi, was in the front passenger seat. The vehicle collided with two separate concrete no‑post barriers before coming to a stop. Mr. Hidasi was not injured in the accident; Mrs. Chow-Hidasi was....

Read More

29 Apr Pang v. Dhalla

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff claims damages for injuries suffered in a motor vehicle accident of April 13, 2007 that is said to have been caused by the negligence of the defendant, Shenul Dhalla. The trial proceeded under Rule 15-1....

Read More

28 Apr Breberin v. Santos

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the defendants in this motor vehicle action for an order requiring the plaintiff, Dragana Breberin, to attend at a medical examination at the office of Dr. Stephen Wiseman at one o'clock on July 8, 2011, at St. Paul's Hospital.  The purpose of that attendance is for Dr. Wiseman to examine the plaintiff and prepare a medical-legal report for the assistance of the defendants in addressing the plaintiff's claim at trial.  There is agreement between the parties that the defendants are entitled to have the plaintiff attend at an independent medical examination by a psychiatrist and there is no challenge to Dr. Wiseman's specific qualifications to perform that examination.  The issue before me is whether the examination of the plaintiff, if ordered by the court, should take place where the plaintiff resides, Edmonton, Alberta, or whether the defendants are entitled to choose the place of the examination as well as the expert who will conduct the independent medical examination....

Read More

20 Apr R.C.L. v. S.C.F.

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application for production of Elizabeth Fry records in a personal injury case. These records relate to the abuse the plaintiff suffered as a child and, presumably, include confidential details of that abuse as well as recommendations of a counsellor. The production is being opposed on the basis that the records are not relevant and that they are privileged. The application is being brought under our new Rule 7-1(1). The relevancy test in the Supreme Court Rules has now narrowed to one of direct relevance, to use the words of the section, "to prove or disprove a material fact", and it is no longer a chain of inquiry test related to any matter in question. I am not satisfied that these records will assist in proving any material fact....

Read More

19 Apr Jampolsky v. Shattler

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Perry Jampolsky, is a 28 year old Surrey resident injured in four separate motor vehicle accidents. The first three accidents occurred over the summer of 1999; the last accident occurred in August 2007. At the time of the first accident the plaintiff was 18 years old. He was accompanied in the vehicle by his brother, Marc, who has since settled his claims arising from the initial accident....

Read More

15 Apr Biggan v. Fall

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff by counterclaim in this action seeks damages against the estate of Lloyd Scott and his son, Stewart Scott (the “Scotts”), pursuant to s. 3 of the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

Read More

14 Apr Cochrane v. Heir

Posted at 00:00h in Motor Vehicle Accident

             Counsel for the defendants applies to be released from the implied undertaking as to confidentiality for documents originating in a previous action involving the plaintiff. The documents in question are in the possession of counsel for the defendants because he was counsel in the previous action involving the same plaintiff....

Read More

13 Apr Benedetti v. Breker

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff applies for an order that Dr. Roy O’Shaughnessy be appointed as a joint expert in these personal injury proceedings.  I dismissed the application at the hearing with reasons to follow and these are those reasons.BACKGROUND...

Read More