01 Feb Jorgensen v. Coonce

             This is an assessment of the plaintiff’s damages arising from a motor vehicle accident on May 22, 2009. Liability has been admitted. The parties have agreed on the quantum of special damages ($8,086.00) but have been unable to agree on the quantum of general damages, loss of income-earning capacity, and future care costs.Issues to be decideda)    General damages:  Under this heading the plaintiff claimed that damages within a range of $85,000 to $100,000. The defendant submitted that the case fell more within the $40,000 to $45,000 range.b)    Loss of income earning capacity: Under this heading the plaintiff claimed damages of approximately $150,000. The defendant submitted that this part of the claim should be dismissed.c)     Cost of future care: Under this heading the plaintiff claimed $30,000. The defendant suggested no alternative evaluation for quantum, but submitted, essentially, that this part of the plaintiff’s claim was exaggerated and should be limited to a few thousand dollars for future massage therapy sessions....

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28 Jan Demello v. Chaput

             The plaintiff, Michael Demello, seeks damages arising from three separate motor vehicle accidents which occurred in the Lower Mainland of British Columbia.  Liability for each of the accidents had been admitted.  Outstanding to be determined, are damages to be assessed for non-pecuniary damages, loss of income, loss of future earning capacity and housekeeping capacity, as well as certain special damages.II.               Facts...

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25 Jan Werner v. Ondrus

             The plaintiff, Amber Werner, unfortunately suffered injuries in two motor vehicle accidents which occurred less than a year apart. She now seeks compensation for the injuries she suffered as a result of these two accidents; the trials of which were heard together in Kelowna, BC. Liability was admitted by the defendants in each case....

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18 Jan Neyman v. Wouterse

             On the third day of trial, which concerns an assessment of damages suffered by the plaintiff in a motor vehicle accident that occurred on October 29, 2007, the defendant applied for an order permitting him to tender into evidence the expert report of Dr. Paul Bishop dated December 3, 2012. The application was brought because Dr. Bishop’s report was delivered to counsel for the plaintiff on December 18, 2012, some 27 days prior to the commencement of this trial and not in compliance with the time limits prescribed by the Supreme Court Civil Rules (“Rules”). I gave the parties my ruling later in the day, following submissions, advising them that reasons for judgment would follow.Basis of Application...

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09 Jan Rozendaal v. Landingin

             Sharon Rozendaal claims damages for soft tissue injury to her neck and shoulder area and resulting cervicogenic headaches as a result of two separate motor vehicle accidents on October 19, 2007 and February 10, 2008, the second accident aggravating injuries from the first....

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07 Jan Dakin v. Roth

             This is a personal injury claim arising out of three separate motor vehicle accidents in which the plaintiff was a passenger. The position of the defendants is that although liability is admitted, the plaintiff is not a credible witness and has failed to mitigate her damages, and therefore is only entitled to a modest award....

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19 Dec Perry v. Vargas

             This matter involves a motor vehicle accident that occurred on December 4, 2006, near the intersection of Hornby Street and Smithe Street in Vancouver, B.C (the “2006 Accident”). The plaintiff, Pamela Perry, was rear-ended by a Purolator delivery vehicle driven by the defendant, Arturo Vargas....

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19 Dec Lennox v. Karim

             Alan Lennox was injured in a car accident on August 16, 2003, when his car was struck by the defendant’s car at the intersection of E 12th Avenue and Fraser Street in Vancouver (“the accident”). The defendant entered the intersection against a red light and hit the front left side of Mr. Lennox’s car. Liability for the accident is admitted by the defendant....

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