11 Mar Billabong Road & Bridge Maintenance Inc. v. Brook

Posted at 00:00h in Motor Vehicle Accident

           This is an appeal of a small claims judgment of the Provincial Court (21 June 2010), Smithers Registry No. 14797 (P.C.). The learned Provincial Court judge ordered the appellant to pay $3,250 to the respondent for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers on February 17, 2007. The learned Provincial Court judge concluded that the appellant was 50% liable for the accident by failing to sand the road where the accident took place in a timely and effective manner. The learned Provincial Court judge also concluded that the respondent was 50% liable for failing to take reasonable steps to avoid the accident....

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11 Mar Andreichikov v. Andreichikov

Posted at 00:00h in Motor Vehicle Accident

           The issues that must be determined in this family law proceeding are as follows:a)    Divorce;b)    Spousal Support;c)    Identification, valuation & division of Family Assets/Debts;d)    Compensation Payment;e)    Miscellaneous issues; andf)     Costs.Background Facts...

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04 Mar Kailay v. ICBC

Posted at 00:00h in Motor Vehicle Accident

             Ms. Kailay seeks damages for two separate motor vehicle accidents. The trial of these claims had been set for April 4, 2011for 15 days before a jury. On the defendants’ application I adjourned that trial for reasons given briefly below. This decision concerns what conditions, if any, should attach to the adjournment.BACKGROUND...

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02 Mar Morris v. Doe

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Kathleen Morris, was injured in a motor vehicle accident on April 12, 2006, at the intersection of South Fraser Way and Ware Rd. in Abbotsford, B.C. The plaintiff’s husband, Gill Morris, was driving his company’s pick-up truck and had stopped at a red light. A vehicle, approaching from behind, hit the rear end of their truck and bumped the plaintiff’s vehicle forward. The defendant driver of the vehicle that hit the plaintiff’s vehicle was not identified at the scene. He left the area after seemingly indicating to the plaintiff’s husband he would pull over into an adjacent parking lot for the purposes of exchanging information....

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24 Feb Hicks v. Bieberbach Estate

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Roy Hicks, claims against the estate of Darrin Bieberbach for injuries Mr. Hicks alleges he suffered in a motor vehicle accident on April 21, 2005.  Mr. Bieberbach, who was killed in the accident, was driving a stolen vehicle and as a result was uninsured.  At the time of the accident, Mr. Hicks was an employee acting in the course of his employment, and he elected to claim compensation from the Workers’ Compensation Board (the “WCB”)....

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24 Feb Kirk v. Kloosterman

Posted at 00:00h in Motor Vehicle Accident

             On September 25, 2009, after a four-week trial, a jury handed down its decision regarding the liability and damages claims of the plaintiff, Ronald Kirk, arising from a motor vehicle collision that occurred on September 3, 2006. The jury apportioned liability 85% against the defendant, Jessica Kloosterman, and 15% against the plaintiff....

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22 Feb Dempsey v. Oh

Posted at 00:00h in Motor Vehicle Accident

 On March 31, 2007 the plaintiff, Mr. Dempsey, was riding his bicycle eastward on 16th Avenue in Vancouver, when he collided with a panel van being driven by the defendant.  In addition to scrapes and bruises, the plaintiff says he suffered soft tissue injury which was so debilitating that he could not perform his work as a real estate agent.  During the trial, the defendant admitted liability and therefore this judgment concerns damages only....

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18 Feb Johnson v. Wells

Posted at 00:00h in Motor Vehicle Accident

             In my preliminary Reasons for Judgment in this matter of November 23, 2010 [2010 BCSC 1651], I outlined the evidence as it existed at that time in affidavit form, and ordered cross-examination of the Insurance Corporation of British Columbia (“ICBC”) adjuster Patricia Johnston (“Adjuster Johnston”) on her affidavit of May 20, 2010 as to the discussions she had with the plaintiff’s former counsel, Randy Albertson, on settlement....

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18 Feb Anderson v. Minhas

Posted at 00:00h in Motor Vehicle Accident

             On April 24, 2007, the parties were involved in a low-impact motor vehicle collision; the defendant “rear-ended” the plaintiff. He has admitted his liability for this act....

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