17 Dec Borgfjord v. Penner

             The plaintiff lives in Powell River, British Columbia. At about six o’clock in the evening of October 10, 2010, the plaintiff was injured in a motor vehicle accident that occurred just south of Powell River, on Highway 101....

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17 Dec Cross v. Cross

             On September 5, 2008, the plaintiff was a passenger in an automobile, owned by his mother (the defendant Gail Theresa Zeilstra) and driven by his brother (the defendant Spencer Cross). The vehicle was struck by another automobile operated by the defendant Christian David McLean Bouwman....

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16 Dec Ibbitson v. Cooper

 Mr. Ibbitson was a helicopter logging faller.  On July 21, 2001 he was driving home from the work site when, in Prince George, he was broadsided by a car being driven by Mr. Cooper and owned by Ms. Wagner.  Mr. Ibbitson’s three-quarter ton pickup truck was pushed into the opposing lane and was hit almost directly head-on by an oncoming tractor, travelling without a trailer.  Mr. Cooper had run the stop sign....

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15 Dec Farrokhmanesh v. Sahib

             This is an application, brought by a Notice of Motion signed by Mr. Boyar as solicitor for the plaintiff. At the hearing, Mr. Boyar appeared along with Mr. Berardino, Q.C., who presented the oral argument. The application is to review the assessment of costs of District Registrar Sainty dated April 14, 2010, reported at 2010 BCSC 497 (the “Decision”)....

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15 Dec De Gaye v. Bhullar

             This is an action for damages arising out of a motor vehicle accident that occurred on March 16, 2005 in Surrey, B.C. at the intersection of 92nd Avenue and 132 Street. Liability is admitted by the defendants. The quantum of damages is the sole issue in dispute....

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15 Dec De Leon v. Harold

             This trial involves a motor vehicle accident which took place on March 30, 2007, at the intersection of Marine Drive and McKay Street in Vancouver, British Columbia, when the plaintiff’s vehicle was rear-ended by the defendant’s vehicle....

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14 Dec Wocknitz v. Donaldson

             THE COURT:  This is an application brought by the defendants for orders that Rule 15-1 cease to apply in this motor vehicle action, that the plaintiff submit to examination by two medical practitioners, first of all, by a physiatrist, Dr. Apel at 420, 1011 Glenmore Trail Southwest, in Calgary, Alberta, on February 18, 2011, and secondly, by a psychiatrist, Dr. Joy, with proposed dates for that examination on February 16 or 23 of 2011....

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13 Dec Schurmann v. Hoch

             This is an action for damages brought by the plaintiff, Peter Schurmann, relating to a motor vehicle accident which occurred on January 10, 2006 in Langley, British Columbia. Both liability and quantum are in issue. The defendant, Bruce Jay Hoch, brings this application pursuant to Rule 18(A) of the Rules of Court seeking that the issue of liability only, be determined by means of a summary trial.2. Factual OverviewThe Accident...

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10 Dec Moldovan v. ICBC

             The plaintiff appeals from the order of a Master made November 13, 2009 dismissing an application to add Republic Western Insurance Company (“RWIC”) as a defendant to this action, on the basis that the plaintiff failed to commence his claim against RWIC within two years as required by s. 103 of the Insurance (Vehicle) Regulation, B.C. Regulation 447/83, Part 7-Accident Benefits, made pursuant to the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231. The section reads:Limitation103(1) No person shall commence an action in respect of benefits under this Part unless(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and(b) the action is commenced within 2 years after(i) the date of the accident for which the benefits are claimed,(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or(iii) the date on which the corporation receives a notice under subsection (2).(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.(3) A notice referred to in subsection (2) must be(a) in the form established by the corporation, and(b) sent by registered mail addressed to the claim office dealing with the insured's claim....

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