The plaintiff, Riechelle Hardychuk, claims damages for personal injuries sustained in a motor vehicle accident on May 20, 2006. The defendants admit liability but dispute the nature and extent of Ms. Hardychuks alleged injuries and the amount of damages claimed....
This is an application by the defendant before me in my capacity as the assigned trial judge not to admit into evidence the report of the economist, Robert Carson, dated June 28, 2012, served July 3, 2012. The defendant opposes the admissibility of Mr. Carson's report on the following basis. First, it was not served within the time limits for serving expert evidence as per R. 11-6(3) of the Supreme Court Civil Rules. Secondly, the opinion regarding the value of the plaintiff's financial dependency on his wife, Zlata Moll is not relevant to any of the issues raised in the pleadings filed to date. In the alternative, the defendant seeks an order adjourning the trial....
The plaintiff seeks to have the trial of this action heard by the court with a jury. The application was heard on July 12, 2012. It raises the issue as to whether under the Supreme Court Civil Rules, which came into effect on July 1, 2010, a party which did not file a jury notice may, nonetheless, rely on a jury notice filed by another party and secure a trial by jury by paying the required fees. In light of the pending trial date being August 13, 2012, I am delivering these oral reasons for judgment today. I reserve the right to edit these reasons although that process will not involve a change in the decision or in the reasoning....
The plaintiffs claims arise out of two motor vehicle collisions that occurred on November 19, 2007 in Burnaby, British Columbia. Both the plaintiff and defendant were travelling westbound on the Lougheed Highway approaching Holdom Avenue....
This is an application to strike the plaintiffs claim as a consequence of her contempt of court and her failure to comply with the Supreme Court Civil Rules. ...
Ms. Cunnington sought damages for personal injuries sustained in a motor vehicle accident that occurred 20 September 2006. Her two-day trial before a jury took place on November 14 and 15, 2011. The jury awarded the plaintiff $4,000 non-pecuniary damages, and $1,000 special damages. The defendant had offered to settle the plaintiffs claim for $12,500 and disbursements on October 14, 2011....
Wayne Robert Tompkins was badly injured in a motor vehicle collision June 3, 2006. In a judgment following trial, Mr. Tompkins was awarded the following: 1. General Damages $200,000 2. Past Loss of Income $215,000 3. Future Loss of Income $425,000 4. Future Care Costs $ 87,450 5. Special Damages $ 35,771 6. Trust Claim for Beerstra $ 7,500 7. Trust Claim for Larkin $ 10,000 $980,721Part 7 Deductions...
This is an assessment of the plaintiffs bill of costs. The bill of costs follows settlement of a claim for injuries she suffered in a motor vehicle accident which occurred on October 10, 2004. From submissions made before me, it would appear that the defendant, Van Loc Nguyen, while his ability to operate a motor vehicle was impaired, drove through a red light and t-boned the vehicle being driven by the plaintiff. From submissions made to me and from a review of some of the expert reports provided to me, the plaintiff may have been rendered unconscious, suffered significant injuries and largely recovered. As a result of her own abilities, she minimized the impact of her injuries on her future earnings....
THE COURT: This is an application by the defendant in this personal injury claim for an order that the plaintiff be examined by an ear, nose, and throat specialist, Dr. Bell. That examination, the defendant says, should be preceded by balance testing at a unit of the Vancouver General Hospital, where they are currently equipped to do the balance testing....
THE COURT: The two issues addressed in these reasons arose late yesterday afternoon while counsel and I were reviewing both my draft charge to the jury and the draft questions that they had prepared....