13 Oct Willard v. Mitchell

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff in this personal injury action claims damages arising from a motor vehicle accident. The present application, brought by the defendant, seeks the production of medical and business records. Despite the failure of the defendant applicant to rely upon Rule 26(11) and Rule 27(22) in the notice of motion, the application was fully argued relying on those rules, without complaint from the plaintiff and, I am satisfied, without prejudice to her. Since the hearing of the defendant’s application, the new Rules have come into force and effect and Rule 26(11) is now Rule 7‑1(18) and (19), and Rule 27(22) is now Rule 7‑2(18).BackgroundMedical Records...

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13 Oct K.L.K. v. E.J.G.K.

Posted at 00:00h in Motor Vehicle Accident

             This is a family proceeding involving custody and access, property division and support. A central feature of the trial was the plaintiff’s allegation that the defendant sexually abused one of the children.Facts...

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04 Oct Fillmore v. McKay

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff’s claim is for damages for personal injuries, loss of housekeeping ability, past and future loss of income earning capacity, future care costs and special damages....

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04 Oct Baxter v. Mary Fus Law Corporation

Posted at 00:00h in Motor Vehicle Accident

             This is a registrar’s review pursuant to s. 71 of the Legal Profession Act, S.B.C. 1998, c. 9 [LPA] of two bills for legal fees and disbursements charged by Mary Fus (the “lawyer”) of the law firm, Mary Fus Law Corporation, to the client, David Baxter (the “client”)....

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01 Oct More v. Bauer Nike Hockey Inc.

Posted at 00:00h in Medical Malpractice

           Darren More, now age 23, suffered a devastating brain injury playing organized ice hockey when he was 17. His accident occurred during a game on November 11, 2004, while he was playing for the Juan de Fuca Orcas, a AAA Midget team, at the Archie Browning Arena, a municipally owned rink in Esquimalt. Sucha More and Cindy More are respectively the father and mother of Darren....

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01 Oct Kim v. Lin

Posted at 00:00h in Motor Vehicle Accident

           The third party, the Insurance Corporation of British Columbia, applies to have the plaintiff, Ms. Kim, attend at a medical examination before Dr. Richard Kendall who is an orthopaedic surgeon.Background...

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01 Oct Hough v. Wyatt

Posted at 00:00h in Motor Vehicle Accident

           The trial of this action, on the issue of liability only, was heard at the same time as the trial of action No. M082795, as ordered by Master Tokarek on January 4, 2010. ...

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01 Oct Hough v. Dyck

Posted at 00:00h in Motor Vehicle Accident

           This trial proceeded on the issue of liability only.  As ordered by Master Tokarek on January 4, 2010, it was heard together with the trial of action M091787, in which Mr. Hough is also the plaintiff....

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30 Sep Imeri v. Janczukowski

Posted at 00:00h in Motor Vehicle Accident

           This is an application by the defendants in a motor vehicle accident case to have the plaintiff attend and submit to an independent medical examination (“IME”) by an orthopaedic surgeon, Dr. Robert McGraw, on September 21, 2010....

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23 Sep Jones v. Zimmer

Posted at 00:00h in Products Liability

             THE COURT:  This action was commenced on July 24, 2009 by the plaintiffs, Dennis Jones and Susan Wilkinson, under the Class Proceedings Act, R.S.B.C. 1996, c. 50, concerning the Durom Acetabular Component hip implant, or Durom Cup, that was developed, manufactured, distributed and marketed by one or more of the defendants (“Zimmer”)....

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