11 Apr Matharu v. Gill

             Hardeep Matharu, the plaintiff, was driving west on Nordel Way in her mother’s pickup truck when it collided with the van driven by the defendant, Balwant Gill. The parties each say the accident was caused by the negligence of the other party. The defendant acknowledges that Ms. Matharu suffered soft tissue injuries as a result of the accident, but takes issue with the nature and extent of the symptoms she suffered. The defendant says that any persisting symptoms experienced by Ms. Matharu were caused by her pre-existing conditions of inflammatory polyarthritis, osteoporosis, anemia and anxiety disorder. As a result of the parties’ positions, liability and damages were seriously contested at the trial of this action. In the reasons which follow, I set out my conclusions on both.Liability...

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08 Apr Dabu v. Schwab

             The plaintiff was injured in a motor vehicle accident on September 23, 2011. She now suffers from neck, back and shoulder pain. Liability is admitted....

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08 Apr Hendrix v. Handa Travel Student Trip Ltd.

             This is an application by the defendants, Handa Travel Student Trip Ltd. and S-Trip! (collectively the “Handa defendants”) for leave to file a third party notice and for an extension of the time within which to serve that third party notice for a period of one year...

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08 Apr Sebaa v. Ricci

             The plaintiff seeks an order pursuant to Supreme Court Civil Rule 9-1(6), B.C. Reg. 168/2009 for double costs; either from March 3, 2015, the date on which the plaintiff made a $495,000 settlement offer, or from March 9, 2015, when the plaintiff made a $345,000 settlement offer....

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06 Apr Leach v. Jesson

             This is an appeal from the dismissal by a master of the plaintiff’s application for an order for production of redacted copies of the defendant’s hospital and ambulance records for 20 November 2012, the date of the rear-end motor vehicle accident that gave rise to this action. The master’s oral reasons for judgment are indexed at Leach v. Jesson, 2016 BCSC 434. Liability for the collision has been admitted by the defendants. The trial of this damages assessment is scheduled for the 18 April 2016 assize....

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04 Apr McCullum v. White

             The plaintiff, Mr. McCullum, was injured in two separate motor vehicle accidents that occurred on September 30, 2008 (the “First Accident”), and on March 20, 2011 (the “Second Accident”) respectively, (collectively “the Accidents”). Liability for the Accidents has been admitted. The central issues that are raised pertain to:a)       the extent of Mr. McCullum’s injuries; andb)       whether Mr. McCullum has properly mitigated his losses....

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01 Apr Ali v. Fineblit

             This is an assessment of the plaintiff’s costs pursuant to the order of Madam Justice Gerow, pronounced August 25, 2015. The reasons for judgment are found at Ali v. Fineblit, 2015 BCSC 1494....

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31 Mar Rutter v. Adams

- [4] II.    ISSUES [5] - [8] III.   EVIDENCE AT TRIAL [9] - [198] A.   Danica Fletcher [10] - [83] 1.     Prior to the First Accident [10] - [23] 2.     The First Accident [24] - [27] 3.     After the First Accident [28] - [52] 4.     The Second Accident [53] - [55] 5.     After the Second Accident [56] - [83] B.   Kevin Fletcher [84] - [110] C.  Robert Rutter [111] - [122] D.  Marion Rutter [123] - [133] E.   Stephen Matthews [134] - [136] F.   Leanne Robb [137] - [140] G.  Erin Salo [141] - [148] H.  Expert Evidence [149] - [198] 1.     Dr. Heather McLeod, Family Physician ...

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31 Mar Pike v. Kasiri

             Jeffrey David Pike (“the Plaintiff”) is about to turn 40 years old. Almost six-and-a-half years ago, on August 18, 2009, at about 7:00 p.m., the Plaintiff’s vehicle was struck on the right side as it entered an intersection by a vehicle driven by Ashkan Kasiri (“the Defendant”), who had proceeded through a red light. Liability for the accident is admitted....

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31 Mar Maldonado v. Mooney

             The plaintiff Mr. Maldonado – being of Hispanic extraction, he follows the convention of his maternal surname being placed last – sustained a significant back injury in a rear-end collision on August 26, 2009. Liability is admitted. In issue at trial are pecuniary and non-pecuniary damages including loss of earning capacity and cost of future care.EvidenceBackground...

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