12 May Davis v. Kins Farm Market (Lynn Valley) Ltd.

Posted at 00:00h in Uncategorised

             The plaintiff, Mr. Davis, has brought an action against the defendants pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [the Act] and, alternatively, in negligence, for personal injuries caused by his fall at the Lynn Valley Mall in North Vancouver, British Columbia on June 5, 2005. The defendant, 666479 B.C. Ltd. is the owner of the Lynn Valley Mall (the “Owner”). The defendant Kin’s Farm Market (“Kin’s Market”) is a tenant in the mall who operates a produce store. Mr. Davis fell in the mall corridor adjacent to an area in which Kin’s Market had fruit and vegetables displayed for sale in bins or on tables. There is no dispute that Mr. Davis slipped and fell on a green grape....

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12 Apr Ferrier v. Johnscross Properties (B.C.) Ltd.

Posted at 00:00h in Uncategorised

             The defendant, Johnscross Properties (B.C.) Ltd. (“Johnscross” or the “defendant”), has applied for judgment against the plaintiff pursuant to Rule 18A. Prior to hearing the application, counsel for the plaintiff advised that the action was to be dismissed by consent against the defendants, Jeff Queen, 611032 B.C. Ltd., Ploutos Enterprises Ltd., and John Doe doing business as Penticton Tile & Marble. A consent dismissal order is in circulation and will be entered in due course. The remaining defendants, James Palanio and 62-431 Realty Ltd., have not joined in this application....

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31 Mar Agesen v. ICBC

Posted at 00:00h in Uncategorised

           This is an appeal by the plaintiff of an order of the Master on March 23, 2010.  The Master ordered that the plaintiff, James Leo Agesen, submit to a medical examination by Dr. J.F. Schweigel, an orthopaedic surgeon, on March 30, 2010, at 2:45 p.m....

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29 Mar Mann v. Rainsford

Posted at 00:00h in Uncategorised

           At the time material to this litigation, the defendants were “an occupier of premises”, as that notion is defined in the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

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11 Mar Burdett (Guardian Ad Litem) v. Mohamed

Posted at 00:00h in Uncategorised

             This ruling concerns the tax gross up and management fees on the award made by the jury in this action.  Aside from the award for non pecuniary damages, the jury awarded a total of $1,795,000, including $1,100,000 for the costs of future care, $455,000 for future loss of earnings, and $240,000 for the future loss of interdependency.  The total award of $1,795,000 was subject to a 20% reduction to reflect the jury’s finding of contributory negligence against the plaintiff. ...

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11 Mar Yousofi v. Phillips

Posted at 00:00h in Uncategorised

             THE COURT:  I am going to order that the trial in this matter be adjourned generally and that the case be removed from Rule 66 protocol and be dealt with as a normal personal injury case. I will leave it to counsel to set a new trial date.(Judgment on defendant's application re documents and particulars request)...

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10 Mar Chen v. Beltran

Posted at 00:00h in Uncategorised

             The plaintiff, Allan Chen, by his litigation guardian, claims damages for injuries sustained in an accident which occurred February 27, 2006.  The accident occurred when Allan, on a skateboard and against a red light, proceeded into the intersection of 10th Street and Royal Avenue in New Westminster, B.C.  The sole issue to be determined is whether the defendants are partially at fault for the accident.  The plaintiff admits that Allan was at fault for at least a portion of his injuries but says the defendants were also negligent....

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10 Mar Lissner v. Lissner

Posted at 00:00h in Uncategorised

             The Plaintiff, Ms. Lissner, applies to vary an order made by Mr. Justice Grist on September 24, 2004 addressing spousal support (the “Order”). By the terms of the Order, spousal support originally ordered in the amount of $1,400 per month was cancelled. In addition to fixing an amount of spousal support, Ms. Lissner seeks an order imputing income to the defendant, Mr. Lissner, and an order for retroactive spousal support. Although the motion originally included an order for production of income tax returns and notices of assessment, counsel abandoned this part of the application at the commencement of the hearing....

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01 Mar OLeary v. Rupert

Posted at 00:00h in Uncategorised

             The plaintiff, Mrs. O’Leary, and her son rented a basement apartment in the house of the defendants, Mr. and Mrs. Rupert. On January 12, 2007, Mrs. O’Leary slipped and fell in the driveway of the Rupert home. She suffered a second-degree sprain of her ankle. She continues to be impeded in some of the recreational activities that she historically enjoyed....

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