17 Oct Gilbert v. Bottle

             On March 8, 2005 the plaintiff, Ricci Lynn Gilbert, was injured in a motor vehicle accident in Williams Lake, British Columbia.  She was a passenger in the backseat of a vehicle driven by the defendant, Anthony Bottle, and owned by the defendant, Steven Whitford, when the accident occurred.  Mr. Bottle was impaired by alcohol when he approached a corner too quickly and lost control of the vehicle, which spun across the roadway and came to rest suspended off the ground against a fence.  Ms. Gilbert, who was not wearing a seatbelt, was ejected from the rear hatch window and found unconscious on the ground below....

Read More

25 Aug Iezzi v. R.

           This is an application pursuant to Rule 9-7 of the Supreme Court Civil Rules that the action  commenced by the plaintiff be dismissed on the basis that the limitation period had expired by the time the action was commenced on October 5, 2009.  The Action is set for Trial on October 31, 2011.BACKGROUND...

Read More

19 Aug Glaholt v. Ross

             Ms. Glaholt lost most of the vision in her right eye in the period after April 6, 2009. Because she had previously lost most of the vision in her left eye, the vision loss has been particularly devastating....

Read More

11 Aug Singh v. McHatten

             The defendants bring this Rule 9-7 summary trial for an order dismissing the plaintiff’s claim for damages arising out of a motor vehicle accident that occurred on July 29, 2006. The plaintiff brought an action and obtained a judgment in the Provincial Court of British Columbia (Small Claims Division) relating to the same accident and the defendants contend the plaintiff is therefore precluded from claiming again in relation to the same accident on the basis of res judicata.THE LAW...

Read More

18 Jul X. v. Y.

             On July 19, 2005, the plaintiff, Mr. X., an RCMP officer, was responding to an emergency call on the Lougheed Highway in Coquitlam. His life changed permanently and materially when his motorcycle collided with a truck driven by one of the defendants, Mr. Y. The truck was owned by Z. Ltd., the other defendant. I will refer to the defendant, Mr. Y., as “the defendant” for the balance of these reasons. As a result of the accident, the plaintiff was seriously injured; he sustained a burst-fracture of his T12 vertebra and underwent fusion surgery. The plaintiff returned to his employment with the RCMP in April 2006. However, he has not returned to front-line police work....

Read More

29 Jun Rintoul v. Gabriele

             The plaintiff, Michelle Rintoul, 27 years of age at the time of trial, was walking across Richards Street at the intersection with Dunsmuir Street in downtown Vancouver, late in the afternoon of November 3, 2006, when she was struck by a vehicle being driven by the defendant. She was knocked to the ground and suffered injuries, including a head injury....

Read More

22 Jun Iwanik v. Hayes

           Ms. Iwanik was injured in a motor vehicle accident in Nelson, B.C. on June 20, 2008. She was driving a 2001 Pontiac Sunfire car when it was struck by a 1997 Chevrolet Blazer owned by the defendant Mr. Campbell and driven by the defendant Ms. Hayes. Ms. Hayes admits that she caused the accident. The assessment of Ms. Iwanik’s damages proceeded to a six day trial....

Read More