31 Mar Ross v. Logan
This is a cost assessment in a personal injury action. The action was settled three days before commencement of the trial....
31 Mar Watkins v. Dormuth
Bait car activation -- lets go! Those words, spoken by the Campbell River RCMP watch commander, resulted in the immediate deployment of four police officers, each in separate cars, all proceeding in urgent or emergency fashion to the bait car location. At an intersection just 158 metres from the detachment driveway, one of the police cars T-boned a car driven by Erika Watkins, who was turning left when the police car attempted to pass her on the left. The collision caused injuries to Ms. Watkins that changed her life and which may be permanent....
31 Mar Andrews v. Mainster
This is an assessment of damages for physical and psychological injuries sustained by the plaintiff, Brenda Andrews, in a motor vehicle accident which occurred on October 10, 2009 at the intersection of West 16th Avenue and Fir Street in Vancouver, British Columbia. The plaintiff was driving west on West 16th toward Fir Street when a vehicle driven by the defendant Gail Mainster and owned by the defendant Harold Chaim Gutovich struck her vehicle while making a left turn from Fir Street. Liability has already been determined. By Reasons for Judgment indexed as Andrews v. Mainster, 2012 BCSC 823, the Honourable Mr. Justice Masuhara found the defendant Gail Mainster to be entirely at fault. ...
28 Mar Ostrikoff v. Oliveira
The plaintiff was involved in a motor vehicle accident on August 15, 2009, on Highway 97 near Peachland, B.C. He and a friend were riding their motorcycles on the highway when a Volkswagen, owned and operated by the defendant, suddenly pulled into their path and a collision ensued. The plaintiff had been travelling at approximately 60 kilometres an hour. He described how his motorcycle bounced off the front door and fender of the defendants vehicle, hit the dirt, and how he was ejected over the top of the handlebars and into a nearby ditch....
27 Mar Bourelle v. Loukopoulos
THE COURT: The plaintiff seeks a review of a decision of the master sitting as registrar in which he disallowed disbursements relating to two functional capacity evaluations and a cost of future care report. The review is brought pursuant to Rule 14-1(29). The parties do not disagree on the applicable law. They agree the master was obliged to determine whether the particular costs "were proper or reasonably necessary to the conduct of the proceeding" (Rule 14-1(2)). Further, they agree on the standard of review to be applied by this court in reviewing a registrar's order as to costs. The standard of review limits the court's intervention to circumstances in which the registrar was "clearly wrong" or has, "gone wrong on a matter of principle" (see generally Frost v. Frost, 56 B.C.R. 30 (C.A.)). The standard of review is necessarily deferential and it is so for the reasons expressed by Legg J. in Bell v. Fantini (1981), 32 B.C.L.R. 322.The Facts...
27 Mar Hart v. Hansma
The plaintiff Mr. Clement Hart claims damages arising out of injuries sustained in two motor vehicle accidents: (1) November 15, 2007, and (2) September 23, 2009. Liability is admitted for both accidents....
26 Mar Ngo v. Luong
Are British Columbia residents who are involved in a motor vehicle accident in Saskatchewan able to sue for damages in tort in British Columbia, or are they bound by Saskatchewans no-fault insurance scheme?...
26 Mar Peters v. Ortner
The defendants apply pursuant to Rule 14-1(15) of the Supreme Court Civil Rules for apportionment of costs arising from the trial of this matter....
26 Mar Giczi v. Kandola
The plaintiff suffered personal injuries when she was involved in a motor vehicle accident on August 14, 2008 in New Westminster, B.C. The defendant admits liability....
25 Mar Pan v. Shihundu
This is a claim for damages arising from two motor vehicle accidents. Liability for both accidents was admitted on the morning of trial. At issue are the injuries sustained by the plaintiff, the effect and extent of the plaintiffs pre-existing condition, the cause of his current injuries and what entitlement the plaintiff has to damages for non-pecuniary loss, future loss of earning capacity, future care costs, special damages and accelerated depreciation respecting his vehicle. No claim is advanced for past wage loss.The Accidents...