01 Dec Hosseinzadeh v. Leung

             The plaintiff, Tamin Hosseinzadeh, seeks damages for injuries sustained in a car accident that occurred on April 11, 2009. She was a front seat passenger in a Toyota driven by her husband. They were travelling south on Boundary Road. They entered the intersection at Kingsway on a green light and were struck by a left turning vehicle driven by the defendant. The defendant admits liability for the accident....

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01 Dec Peterson v. Verma

             THE COURT:  The plaintiff, Karlee Peterson, claims damages for personal injuries sustained in two motor vehicle accidents.  The first accident occurred on March 30, 2009 when she was a passenger in a taxi that hit a curb in a Surrey parking lot.  The second accident occurred on April 8, 2010 when she stopped her car at a red light on a Chilliwack street and was struck from behind....

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28 Nov Glavica v. Lott

             On the evening of September 3, 2011 a motor vehicle collision between the plaintiff, Biserka Glavica, and the defendant, Patrick Lott occurred on Zorkin Road, which is the exit road from the Departure Bay ferry terminal in Nanaimo, B.C....

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28 Nov Green v. Conley

             This is a cost assessment in a personal injury action. The action was settled one day before the commencement of the trial. Ms. Green was initially pursuing a claim between $300,000 and $400,000 which included a claim for $136,000 for homemaking services. She settled her claim for $75,000 the day before trial. She swore an affidavit explaining that offer was accepted for health reasons. The plaintiff suffered from gestational diabetes and chose to accept the offer rather than go through the stress of trial which might potentially endanger the health of her unborn child and herself. This evidence becomes relevant to the issue of proportionality. It is my belief that an assessing officer should not rely exclusively on the settlement figure in determining proportionality of costs. Certainly, when most of the disbursements were incurred, counsel for Ms. Green did not think the case would settle for $75,000. Given that the case did not proceed to trial, it is not necessarily true that $75,000 is the true value of Ms. Green’s claim. It is the value that she was willing to accept for personal reasons....

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27 Nov Benson v. Day

             This is an action for damages for personal injuries sustained by the plaintiff Robert Benson in a motor vehicle accident that occurred on July 16, 2009 at the intersection of 240th Street and Fraser Highway in Langley, British Columbia (the “accident”)....

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27 Nov Thorogood v. Roberts

             This is an assessment of a bill of costs, arising out of a motor vehicle accident which occurred on June 26, 2009, in North Vancouver, British Columbia. The plaintiff was proceeding westbound on Marine Drive in the curb lane on his motorcycle, when a motor vehicle driven by the defendant made a left-hand turn in front of the plaintiff’s lane of travel. As a result, the plaintiff crashed his motorcycle and sustained serious injuries, including a fractured/dislocation of the right shoulder, a pain disorder, and symptoms of depression....

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26 Nov Cross v. Boehlke

             The plaintiff, Ms. Cross, was injured in a motor-vehicle accident that took place on August 20, 2011 on 203rd Street in the City of Langley, Province of British Columbia when her vehicle came into collision with a vehicle driven by the defendant, Mr. Boehlke....

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21 Nov Mandra v. Lu

             The plaintiff, Volodymyr Mandra, seeks damages as a result of injuries arising from a motor vehicle accident. The accident occurred on the morning of January 9, 2008 at the intersection of Gilbert and Blundell Roads in Richmond. Mr. Mandra was employed as a millwright but is now unemployed and collecting a disability pension. He maintains the injuries he sustained in the accident have prevented him from securing any form of gainful employment in the years that followed....

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18 Nov Hatchard v. Sulzle

             These reasons address a low velocity motor vehicle accident that occurred on October 13, 2010 (the “Accident”). The vehicle driven by Brian Hatchard was in the process of making a left turn onto the Fraser Highway at the same time as the vehicle driven by Johan Sulzle was making a right turn onto the Fraser Highway. The two vehicles collided side-to-side, with the impact on the passenger side of Mr. Hatchard’s vehicle. There was minor vehicle damage. Liability for the action has been admitted by the defendant....

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18 Nov Kondor v. Shea

             The plaintiff, Bernadette Kondor, seeks damages for injuries arising from a motor vehicle accident at the intersection of St. Johns Street and Grant in Port Moody, B.C. The accident occurred on September 4, 2009 when the vehicle driven by the defendant, Dylan Shea attempted to execute a left turn onto St. Johns Street. Mr. Shea did not see Ms. Kondor’s vehicle, which he struck on the front passenger side with considerable force (the “Accident”). The defendants have admitted liability for the Accident. Ms. Kondor’s head struck her windshield and her body hit the steering wheel and dashboard. Ms. Kondor was transported to Royal Columbian Hospital by ambulance for treatment. She suffered bruises and abrasions to her face and body. She also suffered soft tissue injuries to her cervical spine and low back. Prior to the Accident, Ms. Kondor had a history of depression, anxiety, and Obsessive Compulsive Disorder (“OCD”). The Accident caused an increase in her anxiety and OCD symptoms....

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