29 Apr Sivertson (Guardian ad litem of) v. Dutrisac

Posted at 00:00h in Uncategorised

           The defendant, Capital Health Region (“CHR”) applies for an order pursuant to Rule 9-7 dismissing the plaintiffs’ claim against it.  The plaintiffs oppose the application.  The co-defendant, Kerri-Lea Dutrisac (“Dutrisac”) takes no position.  I must note here that more recently, the plaintiffs have consented to a dismissal of their action against the defendant Crown as well as the five personal defendants who are employees of the CHR, Ivanka Lupenec, Diane Hart, Shelly Harnadek, Mary-Jane Kellington, and Marcia L. Thorneycroft, on the basis that in the event the Court finds any of the personal defendants at fault, the CHR will be vicariously liable for their negligence.  ...

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29 Apr Sivertson (Guardian ad litem of) v. Dutrisac

Posted at 00:00h in Uncategorised

           The defendants, the Capital Health Region (“CHR”) and Ms. Kerri-Lea Dutrisac (“Dutrisac”) jointly apply pursuant to Rule 12-6(5)(i) and (ii) to set aside the Notice Requiring Trial By Jury filed by the Plaintiffs on November 17, 2005.  2.0         Background:...

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13 Apr Camaso v. Egan

Posted at 12:26h in Other

             Pursuant to the provisions of the Family Compensation Act, R.S.B.C. 1998, c. 126, the Plaintiffs claim for general, special and aggravated or punitive damages arising out of the circumstances surrounding the death of Majencio Camaso on Sunday, July 11, 2004.  At the time of his death, Mr. Camaso was 33 years old.  The Plaintiff, Maria Teresa Camaso, was his wife.  The Plaintiff, Christine Kate Camaso, was his daughter.  Christine was almost 3 at the time of the death of her father....

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05 Apr Cairns v. Gill

Posted at 00:00h in Motor Vehicle Accident

             This is an application by Indirjit Gill and Gurjit Kaur Gill (the “defendants”) for payment of their costs and disbursements after an offer to settle a personal injury claim arising from a motor vehicle accident was refused by Sherrill Leanne Cairns (the “plaintiff”).  The plaintiff declined to accept the defendants’ offer to settle her claim for $1,292 (the “offer to settle”) plus costs, and proceeded to a three day trial before a judge and jury.  The plaintiff, although the successful party at trial, received a total jury award of $851....

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05 Apr Sartori v. Gates

Posted at 00:00h in Uncategorised

             The plaintiff’s claim for damages, for personal injuries, resulted in a jury verdict, in his favour, assessing his personal injury damages at $344,100....

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04 Apr Enns v. Cahan

Posted at 00:00h in Motor Vehicle Accident

           THE COURT:  The respondent, Mr. Cahan, has applied for an order striking the jury notice given by the claimant, Mr. Enns. Joshua Enns died following a car accident on October 2, 2002. I will refer to him as Joshua to distinguish him from his father, who I refer to as Mr. Enns....

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04 Apr Chun v. Smit

Posted at 00:00h in Motor Vehicle Accident

             There are two applications before the court for summary judgment pursuant to Rule 9-7, arising out of two separate proceedings. In each the plaintiff is seeking judgment against the defendant on the issue of liability, with damages to be assessed. One is on behalf of Taik Soo Chun, in action no. M095572. He was the driver of a motor vehicle involved in a collision with a vehicle operated by the defendant on February 23, 2009 at or near the intersection of Lougheed Highway and Shaughnessy Street in Port Coquitlam, B.C. The other application is on behalf of Ho Eun Kim, who was a passenger in the vehicle Taik Soo Chun was driving. The question is whether Taik Soo Chun may be liable to Mr. Kim, apparently does not trouble counsel, who represented both at this hearing....

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31 Mar Parsons v. Mears

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury action in which liability is denied. The plaintiff seeks compensation for pain and suffering as well as past and prospective income loss....

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04 Mar Kailay v. ICBC

Posted at 00:00h in Motor Vehicle Accident

             Ms. Kailay seeks damages for two separate motor vehicle accidents. The trial of these claims had been set for April 4, 2011for 15 days before a jury. On the defendants’ application I adjourned that trial for reasons given briefly below. This decision concerns what conditions, if any, should attach to the adjournment.BACKGROUND...

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24 Feb Kirk v. Kloosterman

Posted at 00:00h in Motor Vehicle Accident

             On September 25, 2009, after a four-week trial, a jury handed down its decision regarding the liability and damages claims of the plaintiff, Ronald Kirk, arising from a motor vehicle collision that occurred on September 3, 2006. The jury apportioned liability 85% against the defendant, Jessica Kloosterman, and 15% against the plaintiff....

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