26 Aug Saintonge v. Puni

Posted at 00:00h in Motor Vehicle Accident

             These are applications for directions brought pursuant to Rule 14-1(7)(a) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 [Civil Rules]. The issue requires a consideration of Rule 14-1(1)(f)(i)(ii), which reads as follows:(1)        If costs are payable to a party under these Supreme Court Civil Rules or by order, those costs must be assessed as party and party costs in accordance with Appendix B unless any of the following circumstances exist:…(f) subject to subrule (10) of this rule,(i)   the only relief granted in the action is one or more of money, … and the plaintiff recovers a judgment in which the total value of the relief granted is $100,000 or less, exclusive of interest and costs,(ii)   …in which event, Rule 15-1(15) to (17) applies to the action unless the court orders otherwise....

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26 Aug Walker v. Leung

Posted at 00:00h in Motor Vehicle Accident

             This case arises as a result of a motor vehicle collision that occurred in the intersection of West 41st Avenue and Oak Street in the City of Vancouver on May 26, 2010....

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26 Aug Bariesheff v. Bennett

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, on April 29, 2011, was a busy, active, and healthy 18-year-old sitting as the front seat passenger in a 1970 Volkswagen Beetle, when the defendant, in a 2003 Ford Explorer, ran into the front left-hand side of her vehicle. Liability has been admitted. The plaintiff claims she received two injuries from the accident:  she fractured five of her left lower ribs, more particularly the 8th to the 12th rib of the left chest wall, for which the defendant has accepted responsibility. The second alleged injury of consequence was to her lower back at L4/5 and L5/S1. The defendant submits that this latter injury was not caused by the accident.BACKGROUND...

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26 Aug Kuras v. Repo

Posted at 00:00h in Motor Vehicle Accident

             Martha Kuras was injured on May 19, 2010, when the car she was driving was rear-ended on West 4th Avenue in Vancouver, B.C., after she slowed or came to a stop to allow a parked vehicle to pull out in front of her.  The impact was minor in its force, the cost to repair Ms. Kuras’s vehicle only about $800.  The defendant admits liability for the accident....

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25 Aug Matyash v. Aulakh

Posted at 13:40h in Motor Vehicle Accident

             On January 2, 2006, a motor vehicle accident occurred between two vehicles at what I will call the south end of the Pattullo Bridge in Surrey, British Columbia. One of the vehicles was a silver 1997 Chevrolet Cavalier driven by Gurtej Aulakh (the “Aulakh Vehicle”), and the other vehicle was a blue 2000 Pontiac Grand Am driven by Tatyana Matyash (the “Matyash Vehicle”)....

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25 Aug Azam v. Bilaya

Posted at 00:00h in Motor Vehicle Accident

             Shameema Azam was involved in two motorcycle accidents, one on September 11, 2009, and the other on April 25, 2010. At the time of both accidents, Ms. Azam was a passenger, and her boyfriend, the defendant Hans-Henrik Jensen, was driving. Ms. Azam commenced two actions, one against Jesus Bilaya and Mr. Jensen seeking damages for the injuries she sustained in the September 2009 accident. Ms. Azam has commenced a second action against Mr. Jensen for injuries she sustained in the April 2010 accident. In the second action, Ms. Azam also claims damages for injuries she sustained when Mr. Jensen physically assaulted her on different occasions. The actions were heard at the same time....

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22 Aug Michael v. Bayfield

Posted at 00:00h in Motor Vehicle Accident

             In this action the plaintiff claims damages for injuries suffered in a motor vehicle accident. The defendant admits that the accident was her fault and further admits that the plaintiff suffered some injury, entitling him to compensation. At issue are the extent of the injuries resulting from the accident and, in particular, the causal connection between the accident and ongoing headaches suffered by the plaintiff....

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21 Aug Forder v. Linde

Posted at 00:00h in Motor Vehicle Accident

             Deena Lynn Forder was injured in a motor-vehicle accident on the evening of March 19, 2010. She was seated in her Mustang motor vehicle at a stop light on Lougheed Highway at the intersection of 105 Avenue in Maple Ridge....

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19 Aug Pacheco v. Degife

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Enrique Pacheco, claims damages for battery arising out of an incident that occurred in the early morning hours of May 31, 2008 on Beach Avenue in Vancouver. A minor rear-end collision involving Mr. Pacheco’s car and a car driven by the defendant, Tesfaye Degife, led to an altercation in which Mr. Pacheco was struck in the head with a baseball bat (the “Incident”)....

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