The parties have advanced various cross-applications. The plaintiff, Mr. Kitsul, seeks: i) leave to apply for a summary trial on the issue of liability; and ii) an order that the issue of liability be tried prior to, and separately from, the issue of damages....
These reasons concern the assessment of the damages suffered by the plaintiff, Mr. Koltai, resulting from a car accident that happened May 7, 2011 in Langley, BC. The plaintiffs vehicle was struck from behind with considerable force and he claims to have suffered significant injuries that have completely disabled him and rendered him unable to work now or in the future. Liability for the collision is admitted by the defendant....
This application deals with costs arising from the outcome of a personal injury trial. The issues that need to be resolved are (1) whether the plaintiff is entitled to double costs as a result of her formal offers to settle and (2) the extent to which costs should reflect proceedings that exceeded the original time estimate for trial....
On June 24, 2012, Betty Wong was driving through the Stanley Park causeway into Vancouver, having just crossed the Lions Gate Bridge, when she was rear ended by Jada Towns. Mrs. Wong was born on September 26, 1931; she was 80 years old at the time of the collision. Liability for this accident is admitted but the parties dispute the nature of the injuries suffered by Mrs. Wong due to the accident. While Ms. Towns does not dispute that Mrs. Wong now suffers from a physically and mentally disabling condition, she argues that the accident did not cause these injuries. Ms. Towns also disputes the quantum of damages claimed by Mrs. Wong for pain and suffering and the cost of future care....
The plaintiff seeks damages as a result of injuries that he sustained in two motor vehicle accidents, which occurred on December 25, 2009 and October 3, 2012. Specifically, the plaintiff is seeking damages for injuries to his right hand, neck, back, and his knees....
This claim for damages arises out of two motor vehicle accidents. The first occurred on October 11, 2010, while the second happened on May 28, 2013. In both of these accidents, the plaintiff was a driver whose vehicle was struck from behind: the first time with light to moderate force; the second time with very little force....
The plaintiff is an uncomplicated man who enjoys lifes simple pleasures, including those of hard physical labour....
The defendants seek costs in relation to a 22-day motor vehicle accident trial heard by this Court in April and May 2012. The defendant, Ms. Morgan, submits she is entitled to her costs and disbursements at scale B because the action against her was dismissed in its entirety. The defendant, Mr. Berretta, seeks his costs at scale B from the date of receipt of the defendants first formal offer to settle in February 2012 or, alternatively, from the date of their second formal offer to settle in April 2012 pursuant to Rule 9-1(15) of the Supreme Court Civil Rules. The defendants do not seek double costs....
This case involves the consequences to Ellen Hsu of a rear-end motor vehicle accident that she was involved in on April 5, 2010. Liability for the accident has been admitted on behalf of Elizabeth Choquette, the driver who caused it, and as a result the focus in the trial was on the nature and severity of the injuries that Ms. Hsu received and the extent of their impact on her life. The most significant issue in that regard is whether she now suffers from thoracic outlet syndrome (TOS) because of the accident.2. EVIDENCE(a) Background...
On January 10, 2010 the plaintiff was driving her car in New Westminster, B.C. when she heard the siren of an approaching fire engine. She slowed her vehicle and before she came to a stop her car was car struck from behind (the collision)....