17 Jun Sandhu v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

 In December 2001, the plaintiff, Mr. Sandhu, retained Mr. Schroeder to settle his personal injury claim against Mr. Moore and his claim against ICBC for Part VII benefits.  (Previous to that, another lawyer handled these claims, and before seeing Mr. Schroeder, Mr. Sandhu filed a notice of intention to act in person.)  In January 2002, Mr. Schroeder reached a settlement with defence counsel over the telephone. Mr. Sandhu signed a release and consent dismissal order.  In this action - commenced in September 2009 - Mr. Sandhu claims that he did not understand the agreement and did not consent to a settlement of his claims.  This was so, he says, because he was depressed and because he did not understand English well enough.  He claims damages against Mr. Schroeder.  His claim against ICBC can only be construed as one to set aside the settlement agreement.  Both defendants plead a limitation defence....

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16 Jun Battagliola v. Wal-Mart Canada Corp.

Posted at 00:00h in Motor Vehicle Accident

             This action relates to a knee injury suffered by Ms. Battagliola on February 15, 2005, at the New Westminster store of Wal-Mart Canada Corp. (“Wal-Mart”).  This proceeding is brought under old Rule 66 now Rule 15-1.  The plaintiff says that an uninstalled metal shelf that had been left sitting horizontally on the floor was kicked over and struck her right knee.  This, she says, has resulted in her suffering chronic pain in and around her right knee. ...

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13 Jun Bouchard v. Brown Bros. Motor Lease Canada Ltd.

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Maurice Bouchard, claims damages for personal injuries sustained in a motor vehicle accident which occurred on February 26, 2005. The plaintiff, who was 26 years old at the time, was seated in the front passenger seat of his brother’s parked truck when it was struck from behind by a pick-up truck owned by the defendants,  Brown Bros. Motor Lease Canada Ltd. and United Scaffold Supply Company Inc., and operated by the defendant, Antoine Naudi. At the time of impact, the plaintiff was turned in his seat, facing to his left, as he moved some objects on the front passenger seat. He was not wearing a seatbelt because the vehicle was parked....

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10 Jun Chang v. Wren

Posted at 00:00h in Motor Vehicle Accident

           This is an application brought by the defendant that the proceedings in this matter be transferred to the Provincial Court of British Columbia....

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09 Jun Hough v. Wyatt

Posted at 00:00h in Motor Vehicle Accident

           THE COURT:  The 49-year-old plaintiff, Michael Hough, claims damages for injuries sustained in a motor vehicle accident on March 9, 2009. Do I have that date right?...

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. Although the parties argue the court should draw different inferences from the facts, the material facts are not in dispute. Accordingly, I agree that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that led to mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages.MATERIAL FACTS...

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. The material facts are not in dispute; it is a question of drawing inferences from the facts to arrive at a proper assessment of damages. I agree with the parties’ assessment that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that caused mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages....

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07 Jun Balderston v. Aspin

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims to have suffered injuries as a result of motor vehicle accident which occurred on September 17, 2008. The defendant denies liability for the accident....

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02 Jun Mehta v. Douglas

Posted at 00:00h in Motor Vehicle Accident

             At the conclusion of a summary trial I invited counsel to make submissions in writing dealing with the issue of costs. The summary trial involved the assessment of damages for the infant plaintiff who was injured in a motor vehicle accident....

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