10 Dec Cripps v. Overend

Posted at 00:00h in Motor Vehicle Accident

             The 36-year-old plaintiff, Robert Cripps, claims damages for personal injuries resulting from a motor vehicle accident on April 22, 2006. He was wearing his seatbelt in the front passenger seat of a Dodge 4 x 4 truck driven by his father-in-law, Glenn Olinek, travelling northbound on 168th Street in Surrey. The truck was struck on the right side, in a T-bone type impact, by the defendants’ car, which came through a stop sign at a high speed. The significant impact caused the truck to spin in a circle and fly across a ditch before landing on a lawn. Mr. Cripps was jolted and his body impacted the interior of the truck. Damage to the truck was extensive and the passenger door was jammed. Mr. Cripps was assisted out the driver’s door. He was dazed. He was aware of impacts to his head and right knee, and felt severe pain in his rib cage. He had difficulty breathing and received oxygen from ambulance attendants. Following the advice of the ambulance attendants regarding a lengthy wait time at the hospital, he and Mr. Olinek took a taxi home....

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10 Dec Moldovan v. ICBC

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff appeals from the order of a Master made November 13, 2009 dismissing an application to add Republic Western Insurance Company (“RWIC”) as a defendant to this action, on the basis that the plaintiff failed to commence his claim against RWIC within two years as required by s. 103 of the Insurance (Vehicle) Regulation, B.C. Regulation 447/83, Part 7-Accident Benefits, made pursuant to the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231. The section reads:Limitation103(1) No person shall commence an action in respect of benefits under this Part unless(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and(b) the action is commenced within 2 years after(i) the date of the accident for which the benefits are claimed,(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or(iii) the date on which the corporation receives a notice under subsection (2).(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.(3) A notice referred to in subsection (2) must be(a) in the form established by the corporation, and(b) sent by registered mail addressed to the claim office dealing with the insured's claim....

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09 Dec OConnell v. Yung

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Pamela O’Connell, was seriously injured in a motor vehicle accident on November 27, 2007, when a tractor-trailer struck her Volvo and crushed it against a wall inside the Massey Tunnel near Delta, B.C.  She suffered many injuries, including severe traumatic brain injury.  She brings this action by her Litigation Guardian and husband, Barry O’Connell....

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03 Dec Smeltzer v. Merrison

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  (Oral) This case arises out of a motor vehicle accident which occurred on November 16, 2007 on 222 Street in Maple Ridge.  It was about 1:45 p.m.  The weather was clear.  The plaintiff was proceeding southbound on 222nd, just south of Dewdney Trunk Road.  She made a left turn, intent on entering the “Ground-Level Parking” entrance to the Gordon Tower.  Her vehicle was struck by a northbound vehicle driven by the defendant, Krystal Merrison, as she then was.  The plaintiff’s vehicle was a van, a Mazda MPV.  The defendant’s vehicle was a Toyota Corolla.  222nd has one marked lane in each direction until northbound traffic reaches a point just before Dewdney Trunk Road.  There, a solid white line extends 95 feet south, dividing traffic into lanes for right turning vehicles and vehicles going straight through or turning left.  Exhibit 3 is a diagram, and Exhibit 1 photos.  They lay out all of this....

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03 Dec Bassi v. Bassi

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  On July 17, 2005, at approximately 5:00 to 5:30 a.m., the defendant, Talwinder Bassi, while driving eastbound on Highway 3A between the villages of Keremeos and Olalla, swerved off the travelled portion of the roadway across the paved shoulder and onto the gravel shoulder to his right.  He then swerved sharply to his left, crossed the eastbound and westbound lanes of the highway crossing the paved shoulder and ending up on the gravel shoulder of the westbound lane.  As he sought to correct his vehicle's momentum, it rolled over one complete revolution ending up with its rear wheels in the westbound lane's ditch and his front wheels on the westbound lane's shoulder....

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02 Dec Luvera v. Benedict

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is a motor vehicle accident case involving a collision between the plaintiff motorcyclist striking the defendant negotiating a left turn in a controlled traffic light intersection.  At issue is the appropriate apportionment of liability.  I have concluded that liability should be apportioned equally.  These are my reasons. The Background...

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02 Dec Mund v. Braun

Posted at 00:00h in Motor Vehicle Accident

             The defendant seeks orders pursuant to Rules 7-6 of the Civil Rules of Court that the plaintiff submit to a medical (neurological) examination by Dr. V. Makin on Friday, December 3, 2010 at 9:30 a.m. at #201 – 527 – 17 Street, West Vancouver, British Columbia. The plaintiff consents to that, but objects to extending it to include electro-diagnostic testing Dr. Makin wishes to conduct, should his clinical examination and history taken from the plaintiff lead him to see it as necessary to form or confirm his diagnosis....

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01 Dec Brooks-Martin v. Martin

Posted at 00:00h in Motor Vehicle Accident

           On November 18, 2010, at the close of the plaintiff’s case, counsel on behalf of the defendant MacNutt Enterprises Ltd. made a no evidence motion on behalf of his client. After considerable argument, this application was abandoned. But the application was renewed, after the defendant James Martin elected to call evidence, did call evidence and closed his case. On November 22, 2010, I gave a relatively brief oral ruling in which I dismissed the no evidence motion, and said that I would file written reasons to explain my decision, at a later date....

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