07 Sep Gowler v. Ngo

             THE COURT:  The application before me is to determine the costs to be awarded following a jury trial. The plaintiff seeks an order for 100 percent of his costs, or alternatively 50 percent of the part of the trial regarding liability and 100 percent of the part of the trial regarding damages, and that alternative position I would calculate as seeking about 75 to 80 percent of his costs....

Read More

10 Aug Wong v. Lee

             This action arose in relation to a motor vehicle collision in which the plaintiff sustained injuries. The collision occurred on August 29, 2003 on the Interstate-5 in Washington State. At the time of the collision, the defendant Miranda Lee, who is the plaintiff’s wife, was operating the vehicle in which the plaintiff was a passenger. The defendant Stephen Louie, was one of the lessors of the vehicle. The vehicle was owned by the defendant, MKA Leasing Ltd. Both liability and the extent and consequences of the plaintiff’s injuries were issues in the action....

Read More

03 Aug Thomas v. Thompson

             The plaintiff in this personal injury action represented himself at trial, and reasons were given on September 16, 2010. No order has yet been entered, in part because of my invitation to the plaintiff and counsel for the defendants to address the issue of costs of future medication. No present-value calculation had been tendered by the plaintiff (who, of course, has the burden of proof)....

Read More

29 Jul Bialkowski v. Banfield

             On June 13, 2011, I made a ruling on a voir dire that a portion of the expert evidence the plaintiff wished to introduce in a personal injury case was inadmissible.  Reasons for my decision were to follow.  These are my reasons for the ruling....

Read More

19 Jul Lorenz v. Gosling

           THE COURT:  The plaintiff, Mrs. Dyana Lorenz, was injured in a motor vehicle accident that took place July 7, 2008.  Liability for the accident is admitted on the part of the defendants.  The trial proceeded as an assessment of damages.  The only witnesses at trial were Mrs. Lorenz and Drs. Alan Berkman and Stanley Leete.Background...

Read More

29 Jun Rintoul v. Gabriele

             The plaintiff, Michelle Rintoul, 27 years of age at the time of trial, was walking across Richards Street at the intersection with Dunsmuir Street in downtown Vancouver, late in the afternoon of November 3, 2006, when she was struck by a vehicle being driven by the defendant. She was knocked to the ground and suffered injuries, including a head injury....

Read More

17 Jun Sandhu v. Insurance Corporation of British Columbia

 In December 2001, the plaintiff, Mr. Sandhu, retained Mr. Schroeder to settle his personal injury claim against Mr. Moore and his claim against ICBC for Part VII benefits.  (Previous to that, another lawyer handled these claims, and before seeing Mr. Schroeder, Mr. Sandhu filed a notice of intention to act in person.)  In January 2002, Mr. Schroeder reached a settlement with defence counsel over the telephone. Mr. Sandhu signed a release and consent dismissal order.  In this action - commenced in September 2009 - Mr. Sandhu claims that he did not understand the agreement and did not consent to a settlement of his claims.  This was so, he says, because he was depressed and because he did not understand English well enough.  He claims damages against Mr. Schroeder.  His claim against ICBC can only be construed as one to set aside the settlement agreement.  Both defendants plead a limitation defence....

Read More

13 Jun Bouchard v. Brown Bros. Motor Lease Canada Ltd.

             The plaintiff, Maurice Bouchard, claims damages for personal injuries sustained in a motor vehicle accident which occurred on February 26, 2005. The plaintiff, who was 26 years old at the time, was seated in the front passenger seat of his brother’s parked truck when it was struck from behind by a pick-up truck owned by the defendants,  Brown Bros. Motor Lease Canada Ltd. and United Scaffold Supply Company Inc., and operated by the defendant, Antoine Naudi. At the time of impact, the plaintiff was turned in his seat, facing to his left, as he moved some objects on the front passenger seat. He was not wearing a seatbelt because the vehicle was parked....

Read More

12 May Miller v. Boughton

             The plaintiff and the defendant litigated the plaintiff’s claims before a jury relating to a motor vehicle accident that occurred in Kamloops, British Columbia on July 22, 2006....

Read More