16 Apr Mattice v. Kirby

Posted at 00:00h in Uncategorised

             This case involves a significant claim for damages for personal injuries following a high impact collision on August 21, 2009. Of particular interest in this case is the dramatically different approaches taken by the medical experts for both sides. In spite of statements by these experts that they are aware of their obligations as expert witnesses under Rule 11-2(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, and their duty to assist the Court and not be an advocate for any party, in some cases it is clear that the temptation to become an advocate takes priority over the obligation to assist the Court.II.               BackgroundA.              The Plaintiff before the Accident...

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11 Apr Walker v. Doe

Posted at 00:00h in Motor Vehicle Accident

             THE COURT: This is an application by the plaintiff, Mr. Walker, brought by way of summary trial, for orders striking out and amending parts of the statement of defence. At the hearing the plaintiff sought judgment on specific issues.Background...

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01 Apr Wallman v. Doe

Posted at 00:00h in Uncategorised

             THE COURT: On January 17, 2014, I issued my reasons for judgment in this personal injury matter. The citation is 2014 BCSC 79....

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31 Mar Andrews v. Mainster

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of damages for physical and psychological injuries sustained by the plaintiff, Brenda Andrews, in a motor vehicle accident which occurred on October 10, 2009 at the intersection of West 16th Avenue and Fir Street in Vancouver, British Columbia.  The plaintiff was driving west on West 16th toward Fir Street when a vehicle driven by the defendant Gail Mainster and owned by the defendant Harold Chaim Gutovich struck her vehicle while making a left turn from Fir Street.  Liability has already been determined.  By Reasons for Judgment indexed as Andrews v. Mainster, 2012 BCSC  823, the Honourable Mr. Justice Masuhara found the defendant Gail Mainster to be entirely at fault.  ...

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27 Mar Hart v. Hansma

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff Mr. Clement Hart claims damages arising out of injuries sustained in two motor vehicle accidents:  (1) November 15, 2007, and (2) September 23, 2009.  Liability is admitted for both accidents....

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26 Mar Giczi v. Kandola

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff suffered personal injuries when she was involved in a motor vehicle accident on August 14, 2008 in New Westminster, B.C.  The defendant admits liability....

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25 Mar Pan v. Shihundu

Posted at 00:00h in Motor Vehicle Accident

             This is a claim for damages arising from two motor vehicle accidents. Liability for both accidents was admitted on the morning of trial. At issue are the injuries sustained by the plaintiff, the effect and extent of the plaintiff’s pre-existing condition, the cause of his current injuries and what entitlement the plaintiff has to damages for non-pecuniary loss, future loss of earning capacity, future care costs, special damages and accelerated depreciation respecting his vehicle. No claim is advanced for past wage loss.The Accidents...

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21 Mar Laktin v. (Vancouver) City

Posted at 00:00h in Other

             The defendant, City of Vancouver, and Constable Richard Coulthard, Sergeant Jeffrey Clee, and Constable Laura Dujmovic apply pursuant to Rule 14-1(9) of the Supreme Court Civil Rules for an order for the costs of this action....

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14 Mar Healey v. Chung

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff seeks damages - loss of past and future earning capacity; cost of future care; special damages; and loss of housekeeping capacity - for a pedestrian-vehicle accident that occurred on September 5, 2005....

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12 Mar Jackson v. Yusishen

Posted at 00:00h in Motor Vehicle Accident

             This is a decision in respect of costs following the conclusion of a trial before a jury. That trial was to assess the plaintiff’s entitlement to damages arising out a motor vehicle collision. The defendant admitted liability....

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