21 Apr More v. Bauer

Posted at 00:00h in Motor Vehicle Accident

             Dr. Stalnaker has a Ph.D. in theoretical and applied mechanics. Through much of his lengthy career, he has worked in the branch field of biomechanics. He also has practical experience in standards development for certification purposes although not specifically with regard to hockey helmet standards. Biomechanics involves the study of body kinematics ‑ the forces applied to biological tissue and the injuries that can result. The plaintiffs sought to qualify Dr. Stalnaker as an expert in biomechanics and the biomechanics of safety standards....

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15 Apr Gill v. Morin

Posted at 00:00h in Motor Vehicle Accident

             On June 4, 2004, 11 year old Gurdeep Singh Gill (“Gurdeep”) was grievously hurt when the all terrain vehicle he was then operating, of a type commonly described as a “quad”, struck or was struck by a car driven by the defendant, Lyle James Morin (“Morin”) on Harris Road in Abbotsford. The gravity of Gurdeep’s injuries was such that he was flown from the accident scene by helicopter. He suffered numerous fractures, including a compound fracture of the femur and a skull fracture. The Statement of Claim alleges that he has been left with hearing loss, balance problems and cognitive deficits....

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14 Apr Farrokhmanesh v. Sahib

Posted at 00:00h in Motor Vehicle Accident

             This was an application by the plaintiff to assess her party and party bill of costs presented following settlement of this action (the “Sahib action”) in which the plaintiff sued the defendant for injuries suffered by her in a motor vehicle accident that occurred on January 25, 2005....

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12 Apr Ferrier v. Johnscross Properties (B.C.) Ltd.

Posted at 00:00h in Uncategorised

             The defendant, Johnscross Properties (B.C.) Ltd. (“Johnscross” or the “defendant”), has applied for judgment against the plaintiff pursuant to Rule 18A. Prior to hearing the application, counsel for the plaintiff advised that the action was to be dismissed by consent against the defendants, Jeff Queen, 611032 B.C. Ltd., Ploutos Enterprises Ltd., and John Doe doing business as Penticton Tile & Marble. A consent dismissal order is in circulation and will be entered in due course. The remaining defendants, James Palanio and 62-431 Realty Ltd., have not joined in this application....

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09 Apr Beazley v. Suzuki Motor Corporation

Posted at 00:00h in Motor Vehicle Accident

             The plaintiffs apply at a pre-trial conference to exclude the report of David L. Wood and the portions of the report of Jeya Padmanapan that deal with the statistical relationship between seatbelt use and injuries in motor vehicle accidents. The defendants oppose the applications. They submit that the applications should be deferred to trial and only determined after the witnesses have testified at trial on a voir dire. Alternatively, the defendants submit the reports are, in any event, admissible. The trial is scheduled to commence on April 19, 2010, for 60 days.BACKGROUND...

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08 Apr Booth v. Gartner

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims general damages, past loss of income, diminished earning capacity, cost of future care and special damages, as a result of a motor vehicle accident on February 4, 2007. Liability is admitted and special damages have been agreed to in the amount of $12,000.BACKGROUND...

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08 Apr Hambrook v. Sandhu

Posted at 00:00h in Motor Vehicle Accident

             In this matter the parties have each filed a notice of motion seeking a determination by the court as to liability to pay costs on a settlement agreement entered into between them....

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08 Apr Green v. Gregory

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the third party, Insurance Corporation of British Columbia, to have the plaintiff, Wanda Lee Green, attend a medical examination with Dr. Piper, an orthopaedic surgeon, on April 19, 2010, at 2:45 p.m. at Dr. Piper's office at 102 - 65 Richmond Street, New Westminster, British Columbia. The third party also seeks an order that the third party pay the plaintiff's reasonable travel expenses to attend the examination with Dr. Piper, and indeed, as will be seen, agreements have been reached in relation to this aspect of the motion and other issues as well. The third party also asks for the costs of the application....

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07 Apr Falati v. Smith

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Hourash Falati, seeks damages arising out of a motor vehicle accident which occurred on February 13, 2007. Liability is admitted. The most contentious issue in this claim is the extent of the plaintiff’s alleged pre-trial and future losses of earnings and earning capacity. The plaintiff’s position is that he lost or suffered diminished opportunities to earn income through various business ventures which he claims were delayed or frustrated by his injuries, including a new restaurant venture which he was about to get off the ground when the accident intervened.I.        Background...

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