12 Dec Gulbrandsen v. Mohr

             The plaintiff was injured on January 2, 2010 when riding as a passenger in a car. Liability is admitted on behalf of the defendant, Blake Mohr and the action discontinued against Albert Boyd. The trial was for the purpose of assessing damages. The plaintiff’s injuries of significance where to her upper back. She also experienced dizziness which Dr. Stanley Mah, an ear, nose and throat specialist, described as “post-traumatic vestibular dysfunction.” This appears to have resolved within weeks of the accident. She continues to complain of pain in her upper back....

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04 Dec Carson v. Henyecz

             Ms. Carson was injured in a motor vehicle accident when her mother backed into her while she was standing in the driveway of her mother’s home. Her mother was found to be 100 percent liable when the issue of liability was tried earlier this year. This decision deals with the assessment of damages. This assessment is complicated by Ms. Carson’s long history of ongoing psychological problems.BACKGROUND...

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04 Dec Boutin v. MacPherson

             On Friday, January 23, 2009, Mr. Boutin was driving southbound on Nanaimo Street in Vancouver, in the lane closest to the center line.  Mr. Boutin is entitled to take every third Friday as a non-working day and was off work on January 23.  He had driven from his home in Yaletown and was driving to a restaurant at Nanaimo and Kingsway to meet a friend for lunch....

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03 Dec Nemoto v. Phagura

             The plaintiff Rui Nemoto seeks damages for injuries in a motor vehicle collision that occurred on August 27, 2008. She was 13 years old at the time and was a front seat passenger in a car driven by her mother. Her brother was in the back seat. The car was stopped at a red light when it was hit from behind by the defendants’ truck. Liability is not in issue....

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30 Nov Johnson v. Kitchener

             Dean Johnson was involved in two motor vehicle accidents, one on December 17, 2007, and the other on June 15, 2008. Liability has been admitted by the defendants in both actions. The only issue is what amount of damages Mr. Johnson is entitled to....

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29 Nov Rezaei v. Piedade

             This action arises from a motor vehicle accident in which the plaintiff, Ms. Ahla Rezaei, was injured. The accident occurred on March 20, 2009 at the intersection of Imperial Street and Waverly Avenue in Burnaby, British Columbia (the “Accident”). Liability for the Accident was admitted by the defendants. The trial occupied three days. The plaintiff called eight witnesses, four of whom were experts. The defendants called no evidence....

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23 Nov Brook v. Tod Estate

             THE COURT: On July 2, 2008, at about 8:30 in the morning, a collision occurred on the Trans-Canada Highway at a location known as Kault Hill near Salmon Arm between a Toyota Camry driven by James Francis Tod and a Dodge pickup truck driven by Colin James Brook. Mr. Tod was killed in the collision. The plaintiff was a passenger in the Dodge pickup driven by her husband. In response to a notice to admit delivered by the plaintiff to the defendant, Mona Ruth Tod, as executor of the estate of the late Mr. Tod and to the defendant, Kora Goodrick, both those defendants admit that the accident occurred as a result of one or both of their negligence and that they are, in the language of the notice to admit, individually or jointly and severally 100 percent liable for the injuries and loss suffered by the plaintiff as a result of the accident. By consent, the action has been dismissed against Mr. Brook and he has been removed from the style of cause. The trial of liability as between the remaining defendants was severed from the damage claim with that assessment to be addressed at a later date. The hearing this week has been conducted for the purpose of determining the respective degrees of fault of the defendants....

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22 Nov Stewart v. Dueck

             The 31-year-old plaintiff, Leah Christine Stewart, seeks damages from the defendants, Daniel Dueck and Sumas Transport Inc., arising from a motor vehicle accident that occurred on June 2, 2010, at the intersection of 176th Street and 16th Avenue in Surrey, British Columbia (the “Intersection”)....

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