This is a claim for damages, arising from injuries Spencer Land, an infant, suffered as a result of a motor vehicle accident that occurred on April 22, 2005. The claim is advanced by his mother and litigation guardian, Georgina Dawn Land. The defendant admits liability and acknowledges that the plaintiff is entitled to compensation but says the award should be much more modest than what the plaintiff says is fair and reasonable.The Accident...
The plaintiff, Krystyna Bilanik, claims damages for injuries sustained in two motor vehicle accidents. The first occurred on May 16, 2008 when the plaintiff was a passenger in a stationary vehicle struck by the defendant, Juan Ferman (the first accident). Liability for this accident has been admitted on behalf of Mr. Ferman. The only issue is what damages, if any, were sustained by the plaintiff....
The plaintiff is a 65-year old woman who lives in Surrey. She was injured in a motor vehicle accident on February 3, 2010 at the intersection of Fraser Highway and 148th Street. The accident was a low speed rear-ender which caused minimal damage to the vehicle. The ICBC estimators who assessed the damage both considered the claims to be cosmetic. Photographs in evidence show some scuffing on the bumpers of the vehicle, with no deformation....
On March 2, 2010, Peter Pilfold was a passenger in a Royal City taxi negligently operated by Jaswinder Jaswal which struck the Pattullo Bridge curb in a single vehicle accident in New Westminster, B.C. (the Accident). Mr. Pilfold was on his way to the dispatch office in New Westminster to work as a longshoreman. This case concerns the assessment of damages arising from the negligent operation of the taxi.II. Background...
The plaintiff, Anna Carreon-Rivera, was involved in a collision on October 16, 2009 when the vehicle she was driving was struck by the vehicle driven by the defendant Guo Qing Zhang. Ms. Carreon-Rivera was proceeding westbound in the curb lane on 41st Avenue in Vancouver, British Columbia, when the defendant, who was in a vehicle in the adjacent lane, made a sudden lane change and collided with her vehicle. The collision pushed Ms. Carreon-Riveras vehicle up onto the right hand curb. The vehicle was then dragged along by the defendants vehicle for half a block before coming to a rest....
The plaintiff, Ms. Rahimi, seeks damages for personal injuries she suffered as a result of a motor vehicle accident that occurred on April 9, 2010 (the Accident). The issues raised in this action are made simpler by numerous factors. Liability is admitted. Ms. Rahimi did not suffer from any pre-Accident injuries or disabilities. There is no suggestion of any intervening factors that may have contributed to or exacerbated her injuries. The defendants called no expert evidence. To the credit of counsel for both parties they worked efficiently and cooperatively to address those issues that mattered and to ignore those that did not....
THE COURT: This is an assessment of a bill of costs following the settlement of a personal injury action. The tariff items are not in dispute, but there are disbursements of $21,854.06 in dispute. The disbursements are primarily for medical legal opinions....
On April 30, 2006, David Biggs was seriously injured in a motor vehicle collision on Highway 3, just east of exit 173, near Hope, B.C. The collision occurred when a motorcycle operated by Mr. Biggs collided with the pup trailer of a dump truck driven by Kevin Dueck. The vehicles collided shortly after Mr. Biggs entered the highway from an eastbound on-ramp, when he came into contact with the right front portion of the pup trailer as Mr. Dueck drove eastward in the far left lane (the fast lane) of three eastbound lanes. At this point along the highway there are two through lanes and one merging lane, several kilometres long, to the far right. This section of Highway 3 is virtually straight with a very slight ascending grade for eastbound traffic. The speed limit is 100 km/h. There were no adverse weather or road conditions at the time of the collision....
On October 6, 2007, a 1964 Bell 204B helicopter owned by Rilpa Enterprises (Rilpa) and leased by Advantage Helicopters Inc. (Advantage), experienced a sudden and total loss of tail rotor drive and crashed while being used to conduct heli-logging operations near Kaslo, British Columbia. The main transmission assembly of the helicopter had been overhauled by the defendant, Heliponents, Inc. (Heliponents) at its Mesa, Arizona facility in May 2007. The plaintiffs allege the accident occurred as a result of the negligent overhaul of the transmission, which resulted in starvation of oil supply to bearings in the quill assembly of the transmission, failure of the duplex bearing set, seizure of that portion of the transmission, and the fracture of the tail rotor driveshaft....
This case involves a significant claim for damages for personal injuries following a high impact collision on August 21, 2009. Of particular interest in this case is the dramatically different approaches taken by the medical experts for both sides. In spite of statements by these experts that they are aware of their obligations as expert witnesses under Rule 11-2(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, and their duty to assist the Court and not be an advocate for any party, in some cases it is clear that the temptation to become an advocate takes priority over the obligation to assist the Court.II. BackgroundA. The Plaintiff before the Accident...