Counsel for the defendant sought orders at a case planning conference (CPC) for disclosure of expert evidence and production of a number of documents. Because there appears to be some uncertainty about what orders can or should be made at CPCs, I took the unusual step reserving judgment....
The elderly plaintiff, Pei Xiong Chen, has suffered from multiple vision impairments over the span of many years....
This is an assessment of damages relating a motor vehicle accident on April 24, 2009 at the intersection of Dunbar Street and West 29th Avenue, Vancouver B.C. Liability has been admitted....
William Boyar (Mr. Boyar or the deceased) died on January 17, 2011. The plaintiff, Joanne Boyar (Ms. Boyar) is Mr. Boyars sister. Mr. Boyar named Joanne Boyar as executor and sole beneficiary in a Will signed by Mr. Boyar on August 7, 2010. Ms. Boyar was prevented from obtaining probate of the Will by a series of caveats filed by the defendant Richard Foulston and by the defendant Kathleen Chandler. Ms. Boyar is asking the Court to find that the August 7, 2010 Will is valid and in force and she seeks an order for probate....
On the University of British Columbia campus (UBC), June 13, 2008, around 9:00 a.m., the plaintiff was rollerblading from a parking area where she had parked her car. She was heading for her campus workplace located on the west side of Wesbrook Mall. She needed to cross from the east side of Wesbrook Mall across five lanes of heavy traffic that are controlled by traffic and pedestrian lights....
The defendant, Insurance Corporation of British Columbia (ICBC), seeks an order that counsel for the plaintiff, Mr. T. Harding, pay the special costs that arise out of a mistrial....
This action involves claims by Joseph Chou-Hsiug Liu (Mr. Liu) and Mei-Chen Cheng also known as May Cheng (Ms. Cheng) for damages for personal injuries suffered in a motor vehicle accident that occurred on December 18, 2008 (the accident).The Accident...
This case deals with the consequences to the plaintiff Anis Fadai of a rear-end motor vehicle collision that he was involved in on January 11, 2008 in Burnaby. What is in dispute are the nature and extent of the injuries that he suffered in the accident, and the actual effect that those injuries have had on his ability to work and enjoy life.II. EVIDENCE1) Mr. Fadais Background...
On April 12, 2013, Mr. Justice Smart, now retired, dismissed the plaintiffs claim against the defendants in oral reasons for judgment following a summary trial. The defendants seek an order that the plaintiff pay them double costs from the date of their offer of settlement, made on February 27, 2013, pursuant to Rule 9-1(5)(b) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 [the Rules]. Given the retirement of the summary trial judge, I will exercise my jurisdiction pursuant to Rule 23-1(10) and personally deal with the defendants application.Background...
On August 27, 2008, Ryotaro Nemoto (Ryotaro) and his sister, Rui Nemoto (Rui), were passengers in a Toyota Corolla driven by their mother, Sanae Nemoto (Ms. Nemoto). Ms. Nemoto was stopped at a red light at the intersection of Brunette Avenue and Braid Street in New Westminster when her motor vehicle was rear ended by a Freightliner tractor trailer, which pushed Ms. Nemotos vehicle into the intersection (the MVA)....