THE COURT: The plaintiff applies for a declaration that Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996, O. Reg. 403/96, s. 57(1.1) (the Regulation) does not apply to his application for benefits under an insurance policy issued in Ontario to the parents of the plaintiff by the defendant Western Assurance Company (the Western Policy)....
On November 1, 2004, the plaintiff was injured in a motor vehicle accident involving the defendant. At trial, the defendant was found fully liable and ordered to pay $334,796.87 in damages (an amount later adjusted to $286,176.37). The facts are set out in my reasons for judgement indexed at Sauer v. Scales, 2009 BCSC 1250. Subsequent applications concerning the calculation of damages are indexed as follows: 2009 BCSC 1311; 2009 BCSC 1705; 2010 BCSC 983; and 2011 BCSC 1261....
This is a claim for damages arising from a motor vehicle accident that occurred on November 12, 2006....
The plaintiff was injured on January 2, 2010 when riding as a passenger in a car. Liability is admitted on behalf of the defendant, Blake Mohr and the action discontinued against Albert Boyd. The trial was for the purpose of assessing damages. The plaintiffs injuries of significance where to her upper back. She also experienced dizziness which Dr. Stanley Mah, an ear, nose and throat specialist, described as post-traumatic vestibular dysfunction. This appears to have resolved within weeks of the accident. She continues to complain of pain in her upper back....
This is an application by I.R. under s. 17(1)(a) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) [the Act] to vary a spousal support order made by Parrett J. on February 18, 1993 requiring him to pay to his ex-wife, M.R., $4,400 per month. I.R. asserts that his decision to semi-retire with his second wife, P.R., constitutes a material change in circumstances since the making of the original order. The relief sought by I.R. on his notice of application is immediate termination of the obligation to pay spousal support. In oral argument, counsel for I.R. conceded that immediate termination of spousal support was unrealistic and proposed a reduction in monthly support to $1,779 for a three year period, after which his obligation to pay support would come to an end....
After a 19 day trial of this personal injury action, a jury found the defendant 80 per cent liable for the plaintiffs injuries, but awarded damages that will be less than 10 per cent of the defendants most recent formal offer to settle....
The plaintiff seeks an order that the jury notice in this matter be struck and that the trial, currently scheduled to commence on January 7, 2013 for 25 days, proceed before a judge alone....
This action arises out of a motor vehicle accident (the MVA). Liability is in dispute....
The defendants Mr. Critchley, Ms. Hocoluk, Quinlan Abrioux, ICBC, Atlantic Trading Company Ltd. and Ms. Spence seek to have Mr. Pearlmans action dismissed. The applicants assert the plaintiffs claims are frivolous, vexatious and an abuse of the process of the court....
This is an appeal from a Master's order of November 9, 2012 granting a defence application under Rule 7-6 of the Supreme Court Civil Rules (the Civil Rules) for an order that the plaintiff attend independent medical examinations (IMEs) by physiatrist, Dr. Craig and a neuropsychologist, Dr. Williams. The plaintiff was examined by Dr. Craig on November 13, but on November 14, 2012 the Master's order was stayed by the assigned trial judge pending appeal, so the plaintiff has not attended to be examined by Dr. Williams....