16 Jan Al-Tamimi v. Ricci

             Around 4:00 p.m. on December 30, 2010, the plaintiff, with his wife, Eva Al-Tamimi, in the front passenger seat, was driving a 2001 Honda Civic eastbound on Greystone Drive in Burnaby, B.C.. The defendant was driving a 1992 GM Saturn westbound on Greystone Drive. The cars collided almost head-on....

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16 Jan Hutton v. Breitkreutz

             THE COURT:  This case arises out of a motor vehicle accident that occurred on December 27, 2008. The basic facts of the accident are not in dispute, although liability is....

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15 Jan Cornish v. Khunkhun

             The plaintiff, Fay Cornish, claims damages for injuries sustained as a result of a motor vehicle accident that occurred on January 25, 2010 at the intersection of 72 Avenue and Scott Road, also known as 120 Street, in Surrey, British Columbia (the “accident”)....

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13 Jan Thompson v. Choi

             Mr. Thompson is the plaintiff in an action for damages stemming from a motor vehicle accident. He applies for an order permitting him to give rebuttal evidence to testimony given by a defence witness, Mr. Craig Barone, on July 25, 2014. He also applies for an order permitting him to put into evidence copies of his pay stubs from two roofing companies, Alpha Roofing & Sheet Metal Inc. and Duron Pacific Restoration Ltd. (collectively, “Alpha-Duron”), from March 2009 to about June 4, 2009, which show the particulars of all the earnings and benefits received during that period. These reasons address these applications.A.    Rules Relied on...

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09 Jan Tenhunen v. Tenhunen

             On May 11, 2011, the plaintiff, Beverly Tenhunen, slipped and fell on a ramp outside a home rented by her daughter, the defendant, Kim Tenhunen. Beverly Tenhunen brings this action for damages flowing from injuries she suffered in the fall....

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02 Jan Luis v. Marchiori

             Ms. Luis was injured in two motor vehicle accidents. The first was about six and a half years ago on July 10, 2008, when she was 43 years old (“First Accident”). The second was about three years later on July 9, 2011 (“Second Accident”)....

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31 Dec Thomasson v. Moeller

             The plaintiff was injured in a motor vehicle accident at Nanaimo, British Columbia on January 9, 2011.  At that time, she was a passenger in a vehicle driven by her husband, the defendant Robert Thomasson.  Their two children aged seven and five were also in the vehicle with them.  The defendant was driving a full-size pick-up truck at the time....

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23 Dec Davies v. Elston

             For Jim Davies, riding a bicycle is as natural as breathing and walking.  He has been doing so for over six decades, as a Canadian national and international athlete in his youth and as a way of life ever since.  He seems not only to love to ride a bicycle; he lives to ride a bicycle....

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23 Dec Pausch v. Vancouver Coastal Health Authority

             Mr. Pausch claims he developed tinnitus and increased hearing loss after undergoing an MRI scan at the MRI clinic of the defendant, Vancouver Coastal Health Authority, operating as UBC Hospital, in 2008 (I will refer to all defendants in the singular throughout my reasons). He submits the defendant is liable because there was no specific check done to ensure the headset given to him for noise protection was free of defect and properly placed on his person. The defendant agrees it owed a duty of care to the plaintiff but says the plaintiff has not proven any other element of negligence. It says the claim must be dismissed.I.        FACTS...

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