05 Jan Stevanovic v. Petrovic
This is a determination of issues of liability and damages in connection with a motor vehicle accident....
This is a determination of issues of liability and damages in connection with a motor vehicle accident....
THE COURT: In this personal injury action, the defendant seeks an order that the plaintiff attend and submit to (a) an independent medical examination with Dr. Desmond Bell on January 7, 2011, at 12:00 p.m., and (b) balance testing conducted by Art Malinson at 8:00 a.m. that same day....
It was a busy morning in chambers when the parties appeared before me on the defendants application for an order that the plaintiff in this personal injury action attend for two independent medical examinations, the first booked for the following week. The application threatened to exceed the estimate provided by counsel, not an unusual circumstance but one which resulted in part of the application being adjourned for written submissions. Given that one of the examinations was scheduled for the following week and that the parties were in partial agreement, I made the order for the plaintiff to attend the two independent medical examinations as follows: (a) an examination by orthopaedic surgeon Dr. John Oliver on Friday December 3, 2010 at 1:00 p.m.; and (b) a work capacity evaluation with occupational therapist Jeff Padvaiskas on Monday January 10, 2011 at 8:30 a.m....
This is an action for damages arising out of a motor vehicle accident that occurred on March 16, 2005 in Surrey, B.C. at the intersection of 92nd Avenue and 132 Street. Liability is admitted by the defendants. The quantum of damages is the sole issue in dispute....
THE COURT: This is an application brought by the defendants for orders that Rule 15-1 cease to apply in this motor vehicle action, that the plaintiff submit to examination by two medical practitioners, first of all, by a physiatrist, Dr. Apel at 420, 1011 Glenmore Trail Southwest, in Calgary, Alberta, on February 18, 2011, and secondly, by a psychiatrist, Dr. Joy, with proposed dates for that examination on February 16 or 23 of 2011....
The defendant seeks orders pursuant to Rules 7-6 of the Civil Rules of Court that the plaintiff submit to a medical (neurological) examination by Dr. V. Makin on Friday, December 3, 2010 at 9:30 a.m. at #201 527 17 Street, West Vancouver, British Columbia. The plaintiff consents to that, but objects to extending it to include electro-diagnostic testing Dr. Makin wishes to conduct, should his clinical examination and history taken from the plaintiff lead him to see it as necessary to form or confirm his diagnosis....
THE COURT: The plaintiff was injured in a motor vehicle accident on July 9, 2007. The defendants admit that the defendant driver was negligent, but say that the plaintiff was contributorily negligent. Quantum, that is to say assessment of damages, is also in issue in this trial....
The plaintiff, Jacob Rothenbusch, claims damages for injuries he sustained in a motor vehicle accident (the accident) that occurred in Mission, B.C. on February 22, 2007. The defendant, Kevin Van Boeyen, contests both liability and the quantum of damages claimed....
On February 19, 2005, the plaintiff, Katrina Carr, sustained multiple soft-tissue injuries in a high impact motor vehicle collision. She was a passenger in a minivan which was struck from behind by a Chevrolet Cavalier driven by the defendant, Randy Simpson. The defendant believes he fell asleep at the wheel. His liability is admitted....
This ruling arises in the context of an extensive application for various forms of pre-trial evidence gathering and disclosure, most parts of which were ultimately spoken to by consent at a hearing on September 30, 2010. At that time I seized myself as the management judge. This development and the matters the parties spoke to are expected to be promptly embodied in an order that includes the disposition contained in these reasons....