22 Dec Sahota v. Choongh

             The plaintiff Mr. Mohan Singh Sahota claims damages arising out of personal injuries he sustained in a motor vehicle accident that occurred on August 24, 2010 on the Alex Fraser Bridge in Delta, British Columbia.  The defendants admit liability for the accident....

Read More

22 Dec White v. Wang

             Jessica White was injured in a car accident on October 3, 2009. At the time, she was a passenger in the front seat of a truck driven by Lance Burley, one of the defendants. The defendants have admitted their negligence caused the accident....

Read More

22 Dec Dhaliwal v. Meerdink

             On December 26, 2008 the plaintiff, Julie Dhaliwal, was injured in a motor vehicle accident. She was the front seat passenger in a van driven by her husband David. The couple’s three boys, ranging in age from 9 to 13, were seated in the back of the van. The family was en route from 100 Mile House to their home in Prince George. As they headed north out of Williams Lake the weather became progressively worse as snowy conditions developed. Mr. Dhaliwal was concerned about the road conditions and decided to turn off the highway to wait out the snow storm. He found a side road and signalled his intention to turn left. Before Mr. Dhaliwal could complete the turn a semi-trailer driven by the defendant passed them on the left. The semi-trailer ran the Dhaliwal family van off the road. Liability for the accident has been admitted....

Read More

15 Dec Valencia v. Gardner

             The plaintiff, Emiro Castillo Valencia, claims damages for injuries he says were sustained in five different motor vehicle accidents between 2006 and 2008. The first three accidents are the subject of action VA M075049. The fourth accident is the subject of action VA M083494. The fifth accident is the subject of action VA M101744....

Read More

10 Dec Kabani v. Lee

             This trial raises the issue of causation of a very significant physical disability the plaintiff asserts was caused by a low velocity, low impact motor vehicle accident (the “Accident”). The physical disability is rheumatoid arthritis, a painful auto-immune disease that bilaterally attacks the joints in the human body. For the reasons which follow, I conclude that the plaintiff has failed to prove that rheumatoid arthritis was caused by the Accident.Background...

Read More

08 Dec Hurdle v. Lagore

             On the evening of August 31, 2006 at approximately 8:00 p.m., the plaintiff Mr. Hurdle was driving his motorcycle east on Hastings Street, a primary east-west thoroughfare in the City of Vancouver...

Read More

05 Dec Hampton v. Osachoff

             This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A.        THE CLAIM2.         This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3.         Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4.         The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5.         The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6.         The claim for aggravated damages took into account the nature of Osachoffs’ conduct and express lack of remorse.B.        THE ACTION7.         This action was commenced on January 14, 2011.8.         The trial was initially set for hearing for November 19, 2012.9.         On May 14, 2012, the plaintiff applied to adjourn the trial to enable            him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10.       The trial was rescheduled to commence on June 9, 2014.11.       The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C.        CURTIS HAMPTON12.       The plaintiff was 20...

Read More

04 Dec Sandhu v. Gabri

             In the early morning hours of April 7, 2010, the plaintiff, Parminder Singh Sandhu, was a passenger in his wife’s motor vehicle, a 2007 Nissan Sentra. Mr. Sandhu had had a couple of drinks and so his friend, Harjinder Grewal, who had not had anything to drink that evening, was driving at Mr. Sandhu’s request. The two were driving northbound on 124th Street in Surrey, British Columbia, when, without warning, a southbound 1998 Honda motor vehicle, driven by the defendant, Jaswinder Singh Gabri, attempted a left-hand eastbound turn onto 80th Avenue and collided with the driver’s side of the Nissan....

Read More

01 Dec Hosseinzadeh v. Leung

             The plaintiff, Tamin Hosseinzadeh, seeks damages for injuries sustained in a car accident that occurred on April 11, 2009. She was a front seat passenger in a Toyota driven by her husband. They were travelling south on Boundary Road. They entered the intersection at Kingsway on a green light and were struck by a left turning vehicle driven by the defendant. The defendant admits liability for the accident....

Read More

21 Nov Mandra v. Lu

             The plaintiff, Volodymyr Mandra, seeks damages as a result of injuries arising from a motor vehicle accident. The accident occurred on the morning of January 9, 2008 at the intersection of Gilbert and Blundell Roads in Richmond. Mr. Mandra was employed as a millwright but is now unemployed and collecting a disability pension. He maintains the injuries he sustained in the accident have prevented him from securing any form of gainful employment in the years that followed....

Read More