02 Aug Harrington v. Sangha

Posted at 00:00h in Motor Vehicle Accident

             At approximately 11:30 a.m. on January 18, 2007, Mr. Hardip Sangha (“Sangha”) lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his vehicle slide across the road as the trailer swung around the tractor. As this occurred, Mr. Raoul Thiels (“Thiels”) was approaching the same location driving a tractor trailer south, toward Williams Lake. When he saw the Sangha truck sliding sideways across the road into his path of travel, he felt that there was no option but to intentionally drive his truck off the west side of the road into a ditch and snowbank. The vehicles missed each other narrowly. Sangha’s truck swung around 180 degrees and ended in the ditch on the east side of Highway 97 with the tractor facing south. Thiels’ truck hit the bank of the ditch on the west side of the road and its trailer then pivoted across the travelled portion of the highway, blocking the southbound lane entirely and impinging significantly on the northbound lane....

Read More

02 Aug Virani v. HMTQ

Posted at 00:00h in Motor Vehicle Accident

             The accused was convicted in British Columbia Provincial Court on February 5, 2010, of wilfully obstructing a peace officer, Constable Beare, in the execution of that peace officer’s duty, contrary to s. 129(a) of the Criminal Code, R.S.C. 1985, Chap. C-46....

Read More

29 Jul Powell Estate v. Workers Compensation Board

Posted at 00:00h in Workplace

             There are three applications to be decided: the first is the plaintiff’s application to add Edward Bates as a defendant and to amend the statement of claim to incorporate allegations against Mr. Bates. The second is the defendants’ summary trial application, heard pursuant to Rule 9-7, in which the defendants seeks a dismissal of portions of the plaintiff’s claims on the ground that they are barred by operation of the Limitation Act, R.S.B.C. 1996, c. 266. The third is the defendants’ application, pursuant to Rule 9-5(1)(a), to strike portions of the plaintiff’s statement of claim as disclosing no cause of action....

Read More

29 Jul Biedermann v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff seeks an order that:1. That the Defendant provide further and better particulars of the Defendant’s allegation that the Plaintiff “made a willfully [sic] false statement or representation with respect to a claim” as set forth at Part 3, paragraph 1(a) of the Defendant’s Response to Civil Claim....

Read More

28 Jul D.S. v. L.F.

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The applications before me relate to two girls. The younger is 10 years old and the older girl is nearly 13 years old. I am going to refer to them together as "the girls." The mother of the girls passed away in May 2009 at the age of 29. The claimants are the maternal grandparents of the girls. The first respondent, L.F., is the father of the girls. J.W. is the executrix of the estate of the girls' mother and was appointed guardian of the girls under that will. At the time the mother passed away, she had sole custody of the girls. The applications are for interim orders regarding custody and guardianship and access....

Read More

28 Jul Caballero v. OCallaghan

Posted at 00:00h in Motor Vehicle Accident

             This is a disqualification application. The defendant Timothy Wayne Wells applies for:1)    a declaration that Slater Vecchio is ineligible to continue to act as lawyer for the plaintiff;2)    an order removing Slater Vecchio as lawyer for the plaintiff, or in the alternative, restraining Slater Vecchio from continuing to act as lawyer for the plaintiff; and3)    an order enjoining Slater Vecchio and its members from disclosing any confidential communication, information or document obtained by any of the them from the defendant, Timothy Wells....

Read More

27 Jul Olianka v. Spagnol

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Vladimir Olianka, seeks damages resulting from injuries he suffered on October 20, 2008 when the vehicle he was driving was struck from behind by a vehicle driven by the defendant, Mary Spagnol. Mr. Olianka had stopped his vehicle at the intersection of King Edward Avenue and Valley Drive in Vancouver where the October 20, 2008 collision (the “collision”) occurred, the impact pushing Mr. Olianka’s vehicle into the vehicle stopped in front of him. Mr. Olianka was accompanied by his young son Yuma who occupied the front passenger seat when the collision occurred. The defendant admits liability for the collision and the purpose of this summary trial, which I find appropriate in the circumstances, is to determine the quantum of Mr. Olianka’s damages....

Read More

26 Jul Axten v. Johnson

Posted at 00:00h in Motor Vehicle Accident

             This appeal arises out of a judgment on a dispute as to costs, handed down by Master Keighley on February 14, 2011.  Reasons for judgment below are indexed at Johnson v. Axten, 2011 BCSC 178 [Johnson]....

Read More

26 Jul T.C. v. A.M.

Posted at 00:00h in Other

             T.C. brings this application without notice seeking that this Court take jurisdiction over the action she commenced against her former father-in-law, A.M., for damages for sexual assault alleged to have occurred in Montreal, Quebec....

Read More