08 Sep Van Den Hemel v. Kugathasan

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence. Two actions were tried together. The first action is the plaintiff versus Kugathasan. That action arises out of a motor vehicle accident in Richmond, British Columbia April 21, 2006. Liability is admitted. The second action is the plaintiff versus Mo. That action arises out of a motor vehicle accident in Richmond, British Columbia on July 18, 2006. Liability is admitted. One counsel acts for both defendants. In each action, the defendant pled contributory negligence. In both actions that pleading was abandoned. I must assess the damages. The case proceeded on the assumption that no thought need be given to apportioning (so to speak) the award of damages between defendants. Nor could it be in the circumstances that obtain here for the evidence reveals injuries which are, for the purposes of the law, indivisible: Bradley v. Groves, 2010 BCCA 361....

Read More

03 Sep Tai v. Lam

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application arising from a motor vehicle accident which occurred on the 25th of December, 2006, and apparently there was a subsequent accident as well.  The trial is set for about two weeks hence, a little less perhaps, the 13th of September....

Read More

02 Sep Goncalves v. Doe

Posted at 00:00h in Motor Vehicle Accident

             The parties state a Special Case to answer the following question:Did the plaintiff make all reasonable efforts, as required by section 24(5) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, to ascertain the identity of the driver or owner of the alleged unidentified motor vehicle (the “Unidentified Vehicle”) involved in the collision on October 27, 2006 (the “Accident”)?...

Read More

01 Sep Gendron v. Moffat

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, who is now 58 years of age, is the owner/operator of a janitorial business and was involved in a motor vehicle accident on April 28, 2008. Her motor vehicle was struck by the defendant’s vehicle, hitting the left front side of the plaintiff’s car. Liability is admitted. The plaintiff is claiming non-pecuniary damages, as well as damages for past wage loss, loss of future earning capacity including loss of housekeeping capacity, cost of future care and special damages.Medical Evidence...

Read More

30 Aug Brar v. Kaur

Posted at 00:00h in Motor Vehicle Accident

             Mr. Brar was involved in a motor vehicle accident on December 22, 2006 when the vehicle in which he was a front seat passenger was struck in the rear by a vehicle driven by the defendant Cimino....

Read More

30 Aug Bransford v. Yilmazcan

Posted at 00:00h in Motor Vehicle Accident

             The parties have come before me with respect to whether a structured judgment can be ordered, after the completion of a jury trial, the entering into of a judgment on the jury verdict, and a subsequent appeal....

Read More

30 Aug Yacub v. Chipman

Posted at 00:00h in Motor Vehicle Accident

             On September 5, 2007 the plaintiff Ms. Yacub was operating her Honda Civic motor vehicle south on King George Highway at the intersection of 76th Avenue in Surrey, British Columbia when her vehicle was struck from behind by the defendant’s three-quarter ton Chevrolet pick-up truck that had been travelling in the same direction behind her....

Read More

27 Aug Boyle v. Prentice

Posted at 00:00h in Motor Vehicle Accident

             This action arises out of a motor vehicle accident that occurred on July 5, 2006, on 27th Street in Vernon, BC. Liability on the part of the defendant is admitted....

Read More

27 Aug Ward v. Klaus

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in a motor vehicle accident on February 4, 2002, at the parking lot of Evans Elementary School in Chilliwack, British Columbia.  The plaintiff was driving a 1991 Pontiac Sunbird when it was hit from behind by a 1999 Buick Park Avenue driven by the defendant.  The defendant admits liability and claims no contributory negligence against the plaintiff....

Read More

23 Aug Grewal-Cheema v. Tassone

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence arising out of a motor vehicle accident which occurred on March 23, 2007.  The vehicle being driven by the defendant Alberto Tassone rear ended the plaintiff’s vehicle.  Liability has been admitted.  I must assess the damages....

Read More