16 Feb Deros v. McCauley

Posted at 00:00h in Motor Vehicle Accident

             Walter Deros sues for psychological injuries he alleges he sustained as a result of witnessing a motor vehicle accident on October 25, 2001. The accident occurred on Highway 97, north of Bear Lake, B.C. Mr. Deros was part of a crew installing rumble strips on the highway. Mr. Deros claims that as a result of witnessing the accident in which the vehicle of the defendant, Kelly McCauley, struck a grinder unit being driven by his friend and colleague, Michael Lance, he suffered emotional upset and post traumatic stress syndrome (“PTSD”). Mr. Lance was not seriously injured in the motor vehicle accident. Liability for the accident was determined by an order of October 26, 2005. The order granted judgment to Mr. Deros on the issue of liability and the issue of damages was adjourned....

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16 Feb Brooks-Martin v. Martin

Posted at 00:00h in Motor Vehicle Accident

             The trial of this action for damages for personal injury proceeded on the issue of liability only. Settlement had previously been concluded between the parties, on the issue of damages....

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16 Feb Minhas v. Virk

Posted at 00:00h in Motor Vehicle Accident

             This is an application by the defence to have the plaintiff attend a medical examination on Feb. 22 with Dr. Wong (a paediatric neurologist) and on March 2 with Dr. Smith (a psychiatrist).  The defendant also seeks to have the plaintiff ordered to pay a cancellation fee of Dr. Wong from Dec. 21....

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16 Feb Zen v. Readhead

Posted at 00:00h in Motor Vehicle Accident

             The 45-year-old plaintiff, Paul Zen, was injured in a car accident five-and-a-half years ago. The defendant, Michelle Readhead, admits liability for the accident but disputes the extent of the plaintiff’s injuries and the amount of damages, in particular the plaintiff’s claim for loss of past and future profits from three family businesses.II.               Analysis1.               What injuries has Mr. Zen sustained?...

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15 Feb Knight v. Li

Posted at 00:00h in Motor Vehicle Accident

             This is a trial of liability for a motor vehicle accident that occurred at about 9:45 p.m. on the evening of March 8, 2008 at the intersection of West 41st Avenue (“41st Avenue”) and Angus Drive in Vancouver (the “Accident”). The plaintiff, Cameron Knight, was the operator of a Volvo proceeding southbound on Angus Drive. The defendant, Jing Shu Li, was driving a BMW 750i owned by his mother, the defendant, Li Hong Lu, proceeding eastbound in the curb or slow lane on 41st Avenue. 41st Avenue is a through street in excess of 18 metres wide with four lanes for travel and additional room for parking on each side. Drivers entering 41st Avenue from Angus Drive face a stop sign. The view to the right of 41st Avenue from the stop sign is obscured by a hedge, requiring a driver to pull forward to close to the curb edge of 41st Avenue to get a clear view of traffic heading eastbound....

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14 Feb Johnson v. Axten

Posted at 00:00h in Motor Vehicle Accident

             This action arises from a motor vehicle accident, which occurred on November 30, 2006 and was commenced August 19, 2008, pursuant to the provisions of Rule 68 of the former Supreme Court Rules....

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08 Feb Chouinard v. OConnor

Posted at 00:00h in Other

             These are oral reasons.  If the transcript is ordered, I reserve the right to edit. That process will not involve a change in the decision or a change in the reasoning....

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08 Feb Byer v. Mills

Posted at 00:00h in Motor Vehicle Accident

             At about 10:42 p.m. on the evening of September 10, 2001, a collision occurred between two vehicles at the intersection of Pinnacles Road and the Nazko Highway some 10-12 kms northwest of Quesnel. The Nazko Highway is the through road with the right-of-way over traffic joining it from Pinnacles Road. There is a stop sign at the intersection on Pinnacles Road. The Nazko Highway runs broadly east to west. Pinnacles Road joins it from the south....

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02 Feb Nikolic v. Olson

Posted at 00:00h in Motor Vehicle Accident

             The application before me arises from a personal injury claim. The applicants, Josiah Olson and Joel Olson [collectively, “the Olsons” or “the defendants”] seek an order requiring the respondent, Thomas Nikolic [“Mr. Nikolic” or “the plaintiff”], to provide signed authorizations allowing them to obtain from certain third parties records relating to the plaintiff.II.       FACTS...

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