19 Jun Gonzalez v. Workers’ Compensation Board (New Work Safe) of British Columbia

Posted at 00:00h in Uncategorised

             THE COURT:  In this application, the defendants, Workers' Compensation Board of British Columbia and Her Majesty the Queen in Right of the Province of British Columbia, seek orders that the notice of civil claim be struck out and the claim dismissed; a declaration that the plaintiff has habitually, persistently, and without reasonable grounds instituted vexatious legal proceedings in the Supreme Court against the Workers' Compensation Board of British Columbia and must not bring a legal proceeding in the Supreme Court of British Columbia or the Provincial Court of British Columbia without leave of the court pursuant to s. 18 of the Supreme Court Act, RSBC 1996, c 443; an order that the staff of the registries of the Supreme and Provincial Courts are authorized to discard any documents that the plaintiff attempts to file in contravention of this order; an order dispensing with approval of the plaintiff to the form of this order; and costs....

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18 Jun Dunne v. Sharma

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Tara Dunne brings these actions to recover damages she says result from the negligence of the respective defendants in two separate motor-vehicle accidents....

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18 Jun Hutchinson v. Dyck

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Mark Hutchinson, was a passenger on a bus driven by the defendant, Clifford Dyck. The other defendants own and operate the bus company. The bus went over a depression or dip in the road. The plaintiff was ejected upwards from his seat and hit the seat on the way down. He was subsequently diagnosed with a T12-L1 flexion distraction burst injury. Liability and damages are in issue. The claim against the third party City of Surrey was discontinued prior to the commencement of this trial.The AccidentThe Plaintiff...

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16 Jun MacDonald v. Kemp

Posted at 00:00h in Motor Vehicle Accident

             This is a damages assessment in a motor vehicle accident case. Liability is admitted. There are no factual disputes or issues of credibility, and no allegations of exaggeration, malingering, or failure to mitigate. Apart from reasonably minor disagreements about the amount of non-pecuniary damages, special damages, and the cost of future care, the only issue in this case is whether the plaintiff is entitled to compensation for the loss of future income earning capacity.The Accident...

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13 Jun Kirkham v. Richardson

Posted at 00:00h in Motor Vehicle Accident

             Amy Kirkham seeks damages for personal injuries she suffered in a car accident on January 5, 2011. She claims that she injured her neck, shoulders, upper back, and left hip in the accident, and that she now suffers from myofascial pain syndrome, cervical facet arthropathy, left hip girdle pain, and chronic pain syndrome, all of which has disabled her from competing as a professional triathlete and delayed her PhD studies by one year. She seeks compensation for her personal injuries and the associated pain and suffering, past loss of income, future loss of income, cost of future care, special damages, and costs....

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11 Jun Sikora v. Brown

Posted at 00:00h in Motor Vehicle Accident

             These are rulings with respect to costs in these two matters, consequential to the decision I rendered January 9, 2014.  That decision is indexed as Sikora v. Brown, 2014 BCSC 30....

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10 Jun Best v. Thomas

Posted at 00:00h in Motor Vehicle Accident

             On September 13, 2008, in Port Alberni, B.C. the plaintiff, Shawn Best, was rear-ended by a van while he was stopped on his motorcycle, waiting for the vehicle ahead of him to turn left. April Thomas was the driver of the van. She did not have a valid driver’s licence. Joan Thomas, April Thomas’s grandmother, owned the van. The Insurance Corporation of British Columbia (“ICBC”) is named as a third party....

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10 Jun Werner v. Fraser Health Authority

Posted at 00:00h in Uncategorised

             On February 18, 2009, Tony Werner attended Chilliwack General Hospital (CGH) for a CT scan of his abdomen. This procedure required the intravenous introduction of a contrast dye; thus, a heparin lock (“hep-lock”) was inserted into a vein in Mr. Werner’s arm, by a CT technician, in preparation for the scan....

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06 Jun Pichugina v. Matula

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Ms. Anastasia Ivanovna Pichugina, claims damages for injuries she sustained in a motor-vehicle accident (the “accident”) that happened on August 31, 2010, at the intersection of King George Highway and 128th Street in Surrey, British Columbia.  The plaintiff’s vehicle was struck on the passenger side by a vehicle driven by the defendant, Kyung Hi Matula.  The defendants admit liability....

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