06 Apr Leach v. Jesson

             This is an appeal from the dismissal by a master of the plaintiff’s application for an order for production of redacted copies of the defendant’s hospital and ambulance records for 20 November 2012, the date of the rear-end motor vehicle accident that gave rise to this action. The master’s oral reasons for judgment are indexed at Leach v. Jesson, 2016 BCSC 434. Liability for the collision has been admitted by the defendants. The trial of this damages assessment is scheduled for the 18 April 2016 assize....

Read More

04 Apr McCullum v. White

             The plaintiff, Mr. McCullum, was injured in two separate motor vehicle accidents that occurred on September 30, 2008 (the “First Accident”), and on March 20, 2011 (the “Second Accident”) respectively, (collectively “the Accidents”). Liability for the Accidents has been admitted. The central issues that are raised pertain to:a)       the extent of Mr. McCullum’s injuries; andb)       whether Mr. McCullum has properly mitigated his losses....

Read More

01 Apr Ali v. Fineblit

             This is an assessment of the plaintiff’s costs pursuant to the order of Madam Justice Gerow, pronounced August 25, 2015. The reasons for judgment are found at Ali v. Fineblit, 2015 BCSC 1494....

Read More

31 Mar Rutter v. Adams

- [4] II.    ISSUES [5] - [8] III.   EVIDENCE AT TRIAL [9] - [198] A.   Danica Fletcher [10] - [83] 1.     Prior to the First Accident [10] - [23] 2.     The First Accident [24] - [27] 3.     After the First Accident [28] - [52] 4.     The Second Accident [53] - [55] 5.     After the Second Accident [56] - [83] B.   Kevin Fletcher [84] - [110] C.  Robert Rutter [111] - [122] D.  Marion Rutter [123] - [133] E.   Stephen Matthews [134] - [136] F.   Leanne Robb [137] - [140] G.  Erin Salo [141] - [148] H.  Expert Evidence [149] - [198] 1.     Dr. Heather McLeod, Family Physician ...

Read More

31 Mar Pike v. Kasiri

             Jeffrey David Pike (“the Plaintiff”) is about to turn 40 years old. Almost six-and-a-half years ago, on August 18, 2009, at about 7:00 p.m., the Plaintiff’s vehicle was struck on the right side as it entered an intersection by a vehicle driven by Ashkan Kasiri (“the Defendant”), who had proceeded through a red light. Liability for the accident is admitted....

Read More

31 Mar Maldonado v. Mooney

             The plaintiff Mr. Maldonado – being of Hispanic extraction, he follows the convention of his maternal surname being placed last – sustained a significant back injury in a rear-end collision on August 26, 2009. Liability is admitted. In issue at trial are pecuniary and non-pecuniary damages including loss of earning capacity and cost of future care.EvidenceBackground...

Read More

30 Mar Nijjar v. Hill

             On September 3, 2010, a motor vehicle driven by the plaintiff Jaspreet Nijjar was stopped at an intersection when struck from behind by a vehicle driven by the defendant Susan Hill.  Ms. Hill has admitted that the accident was caused by her negligence....

Read More

29 Mar Sharda v. Moran

             The plaintiff was involved in a motor vehicle accident in October of 2009; liability has been denied and a tentative trial date has been arranged between counsel for October or November of 2018 once such dates become available. There is a separate action involving a second accident which occurred in November of 2012 which has been set to be heard at the same time as the trial in this action....

Read More

22 Mar Dorsey v. Bhindi

             The plaintiff, Tammy Dorsey, seeks damages arising from a four-vehicle car accident on April 3, 2013.  She was driving her Geo Tracker and was stopped at a red light behind other stationary vehicles.  A Mercedes-Benz rear-ended the vehicle behind her, which hit the rear end of her vehicle pushing it into the vehicle in front of her.  Liability is not in issue....

Read More

16 Mar Johal v. Radek

            On May 30, 2012, the plaintiff, Ms. Johal, was involved in a motor vehicle accident at the intersection of Westminster Highway and No. 5 Road in Richmond, British Columbia (the “Accident”). Ms. Johal has advanced a claim in which she seeks compensation for the injuries she suffered in the Accident, as well as for the consequences of those injuries.Background...

Read More