19 Dec Best v. Thomas
THE COURT: On June 10, 2014, I issued written reasons awarding the plaintiff $2,735,818.16 for injuries received as a result of an accident caused by the defendant, April Thomas. My reasons are indexed at 2014 BCSC 1033....
19 Dec Garford v. Findlow
The defendants in these two actions seek an order that the plaintiff attend an independent medical examination (IME) with Dr. Robert Miller, a psychiatrist. The appointment with Dr. Miller is scheduled to take place on January 12, 2015. Ms. Garford refuses to attend the examination, having already submitted to defence medical examinations with a neurologist, an orthopedic surgeon and a dentist....
17 Dec Petersen v. Mulrooney
The defendant, Kevin Mulrooney, operates a paintball business known as Sniperz Outdoor Paintball Adventures located in Chilliwack, BC. The operations take place on the Indian Reserve of the defendant, Soowahlie Band, acting through the defendant, Soowahlie Band Council....
16 Dec Brandt v. Volkswagen Group Canada Inc.
The plaintiff applies for an order pursuant to Rule 6-2(7)(c) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 (SCCR), adding Volkswagen de Mexico, S.A. de C.V. (VW Mexico) as a defendant in this action (the Joinder Application). ...
15 Dec Valencia v. Gardner
The plaintiff, Emiro Castillo Valencia, claims damages for injuries he says were sustained in five different motor vehicle accidents between 2006 and 2008. The first three accidents are the subject of action VA M075049. The fourth accident is the subject of action VA M083494. The fifth accident is the subject of action VA M101744....
10 Dec Kabani v. Lee
This trial raises the issue of causation of a very significant physical disability the plaintiff asserts was caused by a low velocity, low impact motor vehicle accident (the Accident). The physical disability is rheumatoid arthritis, a painful auto-immune disease that bilaterally attacks the joints in the human body. For the reasons which follow, I conclude that the plaintiff has failed to prove that rheumatoid arthritis was caused by the Accident.Background...
10 Dec Miller v. Marsden
This case arises out of a motor vehicle accident that occurred nine years ago when the plaintiff Matthew Miller was 16 years old. The defendants Kathryn Marsden and Frederick Marsden admit liability for the accident but dispute the severity and impact of Mr. Millers injuries.II. THE ACCIDENT...
08 Dec Hurdle v. Lagore
On the evening of August 31, 2006 at approximately 8:00 p.m., the plaintiff Mr. Hurdle was driving his motorcycle east on Hastings Street, a primary east-west thoroughfare in the City of Vancouver...
08 Dec Ueda v. Rose
This is an assessment of a bill of costs arising from a motor vehicle accident which occurred on September 16, 2009....
05 Dec Hampton v. Osachoff
This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A. THE CLAIM2. This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3. Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4. The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5. The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6. The claim for aggravated damages took into account the nature of Osachoffs conduct and express lack of remorse.B. THE ACTION7. This action was commenced on January 14, 2011.8. The trial was initially set for hearing for November 19, 2012.9. On May 14, 2012, the plaintiff applied to adjourn the trial to enable him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10. The trial was rescheduled to commence on June 9, 2014.11. The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C. CURTIS HAMPTON12. The plaintiff was 20...