On April 10, 2009, the plaintiff was seated in the back row of an aircraft operated by Air Transat A.T. Inc. (Air Transat) as it landed in Cancun, Mexico, on its flight from Vancouver, Canada. As the aircraft touched down and then braked, an unsecured food cart struck, with force, the back of the plaintiffs seat. The plaintiff suffered personal injuries. The extent and duration of the plaintiffs injuries were live issues at trial....
THE COURT: As these are oral reasons, I reserve the right to edit them should a transcript be ordered....
The plaintiffs seek to set aside a testamentary gift made by their mother, Ola May Woods, to her granddaughter, the defendant Carmen Naomi Woods. The plaintiffs argue that the will was made in suspicious circumstances and that the gift was the result of undue influence or duress.BACKGROUND...
On December 12, 2012, I gave Reasons for Judgment in this personal injury action. The reasons are indexed at 2012 BCSC 1869. I awarded the plaintiff $28,150.45 in damages against the defendant Blake Mohr. The action had been discontinued against the other defendant....
The plaintiff seeks:1. A declaration that the Notice Requiring Trial by Jury filed by the Plaintiff in this matter on March 25, 2013, and served on the Defendants by fax on April 4, 2013, is valid.2. In the alternative an order extending the time for filing and serving a Notice Requiring Trial by Jury to a date 2 weeks after the date of hearing of this application or such other date as this Honourable Court may Order....
On September 12, 2007, the plaintiff, Mr. Prem Singh, was travelling northbound on Scott Road (also known as 120th Street) in Surrey, B.C. Mr. Singh approached the intersection at 96th Avenue. 96th Avenue runs east and west. The traffic light was green for Mr. Singh. As Mr. Singh went through the intersection, he hit a westbound RCMP vehicle driven by Constable Kerri Parrish. ...
On December 6, 2010, the plaintiff, Theresa Simmons, tripped and fell in front of a bakery owned and operated by the defendants and was injured. She brings this action under the Occupiers Liability Act, RSBC 1996, c. 337, and in negligence. She says that the defendants created a hazard by constructing a patio adjacent to the front entrance of the bakery with a two to four inch drop that was not properly marked and thus failed to take reasonable precautions to protect her against the risk of harm....
Valerie Thorne was injured when Isabelle Lind drove into the car Ms. Thorne was driving, in Kelowna, B.C. on September 6, 2006. ...
This is an application by the defendant under Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009 for summary dismissal of the plaintiffs claim. The plaintiff seeks judgment on the issue of liability under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (OLA), or the common law of negligence....
The trial of this personal injury action was heard January 3 to 5, 2012. On December 4, 2012, I issued Reasons for Judgment awarding Mr. Boutin non-pecuniary damages of $25,000; damages for past wage loss of $3,038 (before adjustment to take into account income tax payable); and special damages of $3,000. After the adjustment for income tax, defendants counsel calculated the total of the awards to come to $29,801.53. In the final paragraph of my Reasons, I gave the parties leave to file written submissions on the issue of costs, such submissions to be filed no later than January 31, 2013....