19 Dec Best v. Thomas
THE COURT: On June 10, 2014, I issued written reasons awarding the plaintiff $2,735,818.16 for injuries received as a result of an accident caused by the defendant, April Thomas. My reasons are indexed at 2014 BCSC 1033....
THE COURT: On June 10, 2014, I issued written reasons awarding the plaintiff $2,735,818.16 for injuries received as a result of an accident caused by the defendant, April Thomas. My reasons are indexed at 2014 BCSC 1033....
This trial raises the issue of causation of a very significant physical disability the plaintiff asserts was caused by a low velocity, low impact motor vehicle accident (the Accident). The physical disability is rheumatoid arthritis, a painful auto-immune disease that bilaterally attacks the joints in the human body. For the reasons which follow, I conclude that the plaintiff has failed to prove that rheumatoid arthritis was caused by the Accident.Background...
This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A. THE CLAIM2. This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3. Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4. The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5. The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6. The claim for aggravated damages took into account the nature of Osachoffs conduct and express lack of remorse.B. THE ACTION7. This action was commenced on January 14, 2011.8. The trial was initially set for hearing for November 19, 2012.9. On May 14, 2012, the plaintiff applied to adjourn the trial to enable him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10. The trial was rescheduled to commence on June 9, 2014.11. The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C. CURTIS HAMPTON12. The plaintiff was 20...
Tyson Faa was injured in a motor vehicle accident that occurred on December 4, 2009. Mr. Faa was a passenger in the vehicle of the defendant, Ms. Hardy. The defendant made a left turn in front of an oncoming vehicle and a substantial collision occurred, smashing the engine area of Ms. Hardys vehicle. An airbag discharged and protected Mr. Faa....
In the early morning hours of April 7, 2010, the plaintiff, Parminder Singh Sandhu, was a passenger in his wifes motor vehicle, a 2007 Nissan Sentra. Mr. Sandhu had had a couple of drinks and so his friend, Harjinder Grewal, who had not had anything to drink that evening, was driving at Mr. Sandhus request. The two were driving northbound on 124th Street in Surrey, British Columbia, when, without warning, a southbound 1998 Honda motor vehicle, driven by the defendant, Jaswinder Singh Gabri, attempted a left-hand eastbound turn onto 80th Avenue and collided with the drivers side of the Nissan....
This is an assessment of damages for injuries sustained by the plaintiff, Ann Chong, in a motor vehicle accident which occurred on December 1, 2007 at the intersection of Fraser Street and East 33rd Avenue in Vancouver, British Columbia. The plaintiff, who was 48 years old at the time, was the seat-belted driver and sole occupant of her vehicle. Ms. Chong, who was driving northbound on Fraser Street, had brought her vehicle to a stop at the intersection when a vehicle driven by the defendant Chi Yong Lee and owned by the defendant John Lee struck her vehicle from behind....
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....
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....
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)....
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....