08 May Bay v. Pasieka

Posted at 00:00h in Motor Vehicle Accident

             On January 27, 2010, following a two-day trial, the action of the plaintiff, Laurie-Ann Bay, against the defendant, Todd Pasieka, was dismissed. I ordered that the issue of costs be adjourned with liberty to the parties to apply to the court if an agreement could not be reached. Three-and-a-half years after the trial, the defendant now applies for costs. The defendant seeks costs at Scale B and double costs from November 14, 2006, the date an offer to settle was made, to the present. The plaintiff says that each party should bear their own costs....

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29 Apr Bilanik v. Ferman

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Krystyna Bilanik, claims damages for injuries sustained in two motor vehicle accidents. The first occurred on May 16, 2008 when the plaintiff was a passenger in a stationary vehicle struck by the defendant, Juan Ferman (the “first accident”). Liability for this accident has been admitted on behalf of Mr. Ferman. The only issue is what damages, if any, were sustained by the plaintiff....

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29 Apr Chiang v. Medland

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff is a 65-year old woman who lives in Surrey. She was injured in a motor vehicle accident on February 3, 2010 at the intersection of Fraser Highway and 148th Street. The accident was a low speed rear-ender which caused minimal damage to the vehicle. The ICBC estimators who assessed the damage both considered the claims to be “cosmetic.” Photographs in evidence show some scuffing on the bumpers of the vehicle, with no deformation....

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22 Apr Bulpitt v. Muirhead

Posted at 00:00h in Motor Vehicle Accident

             This action arises out of a motor vehicle accident (the “Accident”) that occurred on November 5, 2007.  The plaintiff was stopped at a traffic light when his vehicle was rear-ended by the defendants’ vehicle....

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22 Apr Biggs v. Doe

Posted at 00:00h in Motor Vehicle Accident

             On April 30, 2006, David Biggs was seriously injured in a motor vehicle collision on Highway 3, just east of exit 173, near Hope, B.C. The collision occurred when a motorcycle operated by Mr. Biggs collided with the pup trailer of a dump truck driven by Kevin Dueck. The vehicles collided shortly after Mr. Biggs entered the highway from an eastbound on-ramp, when he came into contact with the right front portion of the pup trailer as Mr. Dueck drove eastward in the far left lane (the “fast lane”) of three eastbound lanes. At this point along the highway there are two “through” lanes and one merging lane, several kilometres long, to the far right. This section of Highway 3 is virtually straight with a very slight ascending grade for eastbound traffic. The speed limit is 100 km/h. There were no adverse weather or road conditions at the time of the collision....

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17 Apr Advantage Helicopters Inc. v. Heliponents

Posted at 00:00h in Motor Vehicle Accident

             On October 6, 2007, a 1964 Bell 204B helicopter owned by Rilpa Enterprises (“Rilpa”) and leased by Advantage Helicopters Inc. (“Advantage”), experienced a sudden and total loss of tail rotor drive and crashed while being used to conduct heli-logging operations near Kaslo, British Columbia. The main transmission assembly of the helicopter had been overhauled by the defendant, Heliponents, Inc. (“Heliponents”) at its Mesa, Arizona facility in May 2007. The plaintiffs allege the accident occurred as a result of the negligent overhaul of the transmission, which resulted in starvation of oil supply to bearings in the quill assembly of the transmission, failure of the duplex bearing set, seizure of that portion of the transmission, and the fracture of the tail rotor driveshaft....

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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 Randhawa v. Chiang

Posted at 00:00h in Motor Vehicle Accident

             On October 23, 2010, the plaintiff was driving her car eastbound on Kingsway Avenue in Burnaby, British Columbia, when she was rear-ended by a car being driven by the defendant....

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