30 Sep Mezo v. Malcolm
The car belonging to the plaintiff, Ms. Camelia Mezo, was hit in a rear-end accident by a Dodge Ram truck on Highway 1 on November 23, 2010 (the Accident)....
26 Sep Shallow v. Dyksterhuis
This trial concerns a claim by Lacey Shallow that the defendant, Bernard Dyksterhuis caused a collision and that she was injured as a result. Since the commencement of the action the plaintiff married. Her name is now Lacey Orcutt....
24 Sep Franzman v. Munro
The background to this matter is set out in the affidavit of Joseph A. Zak made July 12, 2013. In his affidavit, Mr. Zak deposes as follows:1. I am counsel for Tammy Franzman, the plaintiff in this action, and as such have direct knowledge of the information deposed to in this Affidavit.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 head-on motor vehicle collision that occurred on October 16, 2008 on Westsyde Road south of the hamlet of Black Pines near Kamloops, BC.3. In order to investigate the issue of liability, establish the nature and extent of the plaintiffs injuries, the resulting financial consequences and the cost of future care, it was necessary to retain and consult with a number of experts. Attached as Exhibit 1 is a summary of the expert reports that were commissioned on behalf of the plaintiff as well as on behalf of the defence. The reports are voluminous and copies will be made available for the assessment.B. Accident Circumstances4. At the location of the collision, Westsyde Road is a paved two lane highway that runs in a north and south direction. The driving lanes are separated by a single yellow centre line. The highway is flanked to the east by a precipitous drop to the North Thompson River and to the west by a long ditch. The posted speed limit is 80 kph.5. The plaintiff was driving her red 1999 Chevrolet Venture van south to Kamloops for a medical appointment.6. The defendant, Shelley Maureen Munro (Munro), was driving a white 1993 Ford Taurus (Taurus) north returning to her home after driving her daughter and grandchildren to their home in Kamloops. The Taurus was registered to Munros common-law husband, the defendant, Dag Alfred Goddyn (Goddyn).7. The plaintiff had rounded a bend in the road when she saw Munro driving toward her...
06 Sep Rezaei v. Leland
This is a trial relating to damages only, liability having been determined separately before Mr. Justice Myers in March 2011. The defendant was held liable for the accident.The Accident...
03 Sep Dent v. Young
Mr. Daroyl Dent (the plaintiff) was the only passenger in a pickup truck owned and driven by his wife, Evie Vollman Dent, when the truck was struck from behind by a vehicle driven by Mr. Glenn Young (the defendant) on the evening of June 12, 2010. The plaintiff was in the front passenger seat of the truck at the time and was wearing his seat belt. The accident occurred when the truck was stopped facing northbound on 200th Street in Langley, BC, waiting to make a left turn into the driveway of a residence belonging to their friend, Mr. McMartin. The plaintiff, Ms. Dent and Mr. McMartin who observed the collision from nearby, all described a collision of considerable force. The truck was pushed across the southbound lanes. Items came loose and flew about in the cab, including a radio that struck the plaintiff in the head....
03 Sep Stephenson v. Lee
The plaintiff is a 52 year old woman who was injured in a motor vehicle accident on June 29, 2008 in Nelson, British Columbia. The accident occurred at an intersection on a bright clear day. The defendants vehicle left a stop sign and struck the plaintiffs vehicle on the drivers side front quarter panel, near the front wheel. The impact caused a relatively limited amount of damage to the plaintiffs vehicle but she suffered a contusion to her face and, in the aftermath, complained of pain in her wrists, neck, back and shoulder....
22 Aug Berekoff v. McMath
This assessment of costs follows upon the settlement of a personal injury claim that was subject to Rule 15-1(Fast Track Litigation). The settlement occurred approximately three months before the scheduled trial date....
13 Aug Fedyk v. Insurance Corporation of British Columbia
The plaintiff has asked the Court to order the defendant, the Insurance Corporation of British Columbia (ICBC) to reinstate temporary total disability benefits (TTDs) ICBC had been paying her until the adjuster ended them on April 19, 2012. ICBC has refused to pay any further amounts since then....
12 Aug Dorosh v. John
The plaintiff is a 35-year-old woman who seeks damages for injuries and loss sustained in a motor vehicle accident. The accident took place on March 11, 2008 in Nanaimo, British Columbia, when the plaintiff was 30 years of age....
07 Aug Jackson v. Yusishen
THE COURT: This is an application brought by the defendant for an order compelling the plaintiff to attend for a functional capacity evaluation to be carried out over the course of two days on August 12 and 13, 2013....