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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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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05 Jun Brunelle v. Yoshida

Posted at 00:00h in Motor Vehicle Accident

             On May 13, 2008, a low impact collision occurred on Highway 99 at the entrance to the Massey Tunnel in Richmond, when a 1996 Toyota Corolla owned and operated by the defendant, Ms. Yoshida, struck the rear end of a 2005 Toyota Echo sedan driven by the plaintiff, Ms. Brunelle. ...

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04 Jun Beggs v. Stone

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Sharon Beggs, was injured in a motor vehicle accident on July 18, 2009. She suffered significant soft tissue and psychological injuries. Liability for the accident has been admitted. The major issue in the assessment of damages is whether the plaintiff would have become disabled in any event due to a variety of pre-existing conditions....

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02 Jun Huntley v. Daley

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of the damages arising out of a motor vehicle accident. The accident happened four years ago. The plaintiff sustained soft tissue injuries in the accident. The plaintiff maintains that in addition to pain in her upper back, pain in her neck, and headaches – complaints that are now essentially resolved – she has also suffered a permanent loss of function owing to chronic pain that manifests in her lower back....

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02 Jun Gallina v. Honda Canada Finance Inc.

Posted at 00:00h in Motor Vehicle Accident

             Ms. Gallina was injured in a motor vehicle accident on March 5, 2010, when an oncoming car hit her van head-on. Mr. Tom Kwan was the driver of the car and admitted liability for causing the accident. Honda Canada Finance Inc., as lessor, and Wai Kin Kwan, as lessee, accepted vicarious responsibility for the accident. Ms. Gallina discontinued her claim against Mr. Cao, whose car struck the rear of her van moments after the collision with Mr. Kwan....

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