31 Mar Elgood v. Ellison

           The plaintiff seeks damages for injuries received when he was struck by a vehicle driven by the defendant.  The accident occurred on January 10, 2006 just after 9:00 a.m.  The defendant admits liability for the accident, but denies that the injuries are as serious as the plaintiff claims and alleges that the plaintiff has failed to mitigate his damages.Background Facts...

Read More

24 Mar Fata v. Heinonen

             The plaintiff, Elio Fata, is advancing a claim for damages for personal injuries caused by a motor vehicle accident that occurred on November 13, 2006.  It was a rear-end collision that occurred when Mr. Fata was stopped at a traffic light.  Mr. Fata was 59 at the time.  Mr. Fata did not immediately think that he needed medical treatment and took no time off his work as an Electronics Technician at Simon Fraser University (“SFU”).  As time passed, Mr. Fata felt that his injuries progressed to the point where he had too much restriction and pain in his left shoulder and arm to competently perform his job.  He therefore quit his job of 38 years, taking early retirement effective as of July 2008. ...

Read More

23 Mar Burton v. Bouwman

             Mr. Burton claims damages arising from three motor vehicle accidents, which occurred on April 7, 2006, November 9, 2006, and September 5, 2007.  Mr. Burton brought a separate lawsuit in respect of each accident.  I will refer to the accidents as the First, Second and Third Accidents.  The trial of the three actions were heard together, with Mr. Cope representing Mr. Burton, and Mr. McDonald representing all defendants.  The trial occupied eight hearing days....

Read More

22 Mar Hauer v. Clendenning

             The plaintiff sustained soft tissue injuries in a motor vehicle accident on August 6, 2006.  By the time of trial, her primary concerns were over persistent low back and shoulder pain.  Although she had sustained soft tissue injuries affecting her back and shoulder in a 1996 motor vehicle accident, she had been free of pain symptoms for three years prior to the 2006 accident....

Read More

19 Mar Milne v. Clarke

             The plaintiff appeals the December 29, 2009 decision of Master Tokarek sitting as Registrar of the Court wherein the Learned Registrar did not allow the claim of interest on a disbursement incurred by the solicitor for the Plaintiff....

Read More

19 Mar King v. Horth

             This application concerns costs following the trial of this matter in which I ordered that the Thomas defendants pay damages to the plaintiff and that the action against the defendant Horth be dismissed. The plaintiff’s damages exceeded an offer to settle made by the Thomas defendants. Neither the plaintiff nor the defendant Horth had delivered a formal offer to settle....

Read More

18 Mar SLC v. KGC

             The parties in this family action seek orders for the division of their family assets, spousal and child support, and for custody, guardianship and access for their two children....

Read More

18 Mar Gregory v. Insurance Corporation of British Columbia

             On November 20, 2006, the plaintiff was driving her mother and two small children north bound on Foster Street in White Rock, British Columbia. She proceeded through the intersection of Foster Street and Prospect Avenue when she was struck by the defendant’s west bound vehicle, which had failed to stop at the stop sign. The defendant admits liability for the accident....

Read More

16 Mar Larsen v. Doe

             The plaintiff was a pedestrian walking in a portion of a “T” intersection normally used by vehicles when an unknown driver left a stop sign at the entrance to the intersection, turned left and struck the plaintiff. The collision knocked her to the ground, causing injuries to her ankle, wrist and chest....

Read More