01 Mar Carson v. Henyecz

             On Mother’s Day, May 11, 2008, the plaintiff, Heidi Louise Carson, was at her mother’s, Susan Ann Henyecz, rented home located at 575 Singh Street, Kamloops, British Columbia. On that date, Mrs. Henyecz, while driving her 1996 Subaru Outback station wagon, backed down the driveway and struck Ms. Carson, who was on the driveway. As a result, Ms. Carson suffered injuries, the most serious injury being an injury to her back. Ms. Carson alleges that her mother is responsible for the accident for which Ms. Carson seeks damages. This trial is only to determine liability....

Read More

29 Feb Eng v. Titov

             On April  2, 2009, the car driven by the plaintiff Gary Eng was rear-ended by the defendant’s vehicle.  Mr. Eng had exited Highway 1 and was stopped at a yield sign waiting for the traffic to clear so that he could proceed on Gaglardi Way.  He had turned to look for a break in traffic when he was unexpectedly struck from behind.  His car was moved some feet forward.  There was approximately $12,000 in damage done to his 2002 Honda Accord vehicle.  Mr. Eng was dizzy and in shock at the scene. Two or three days later, he began to experience physical symptoms − headaches, a stiff neck and shoulders which restricted his range of motion, and periodic bouts of intense low back ache.  He had chest pain, probably from the seatbelt, which resolved in a short time. He had pain in his right knee for about six months which made it harder to walk and was painful to touch.   He had difficulty sleeping for the first year because of the headaches and experienced a mood disorder....

Read More

22 Feb Hou v. McMath

             This is a personal injury claim brought by the plaintiff for damages she allegedly suffered as a result of a motor vehicle accident on April 17, 2010....

Read More

22 Feb Dulay v. Lachance

             The plaintiff, Rampaul Dulay, claims against the defendant, Octave Lachance, for injuries he sustained as a result of a motor vehicle accident which occurred at 8:30 a.m. on October 25, 2007, in Kamloops, British Columbia. Mr. Dulay was travelling southbound on 4th Avenue in his 2007 grey Toyota Corolla motor vehicle and had entered the intersection of 4th Avenue and Battle Street when he was struck broadside by the defendant’s blue 2005 Chevrolet two-door coupe. Mr. Dulay, 52 years old at the time of the accident, was 57 years of age at the time of the trial. He is married and has three adult children with his youngest 20-year-old boy still living at home and attending Thompson Rivers University.2.     Issues...

Read More

17 Feb Fell v. Morton

             THE COURT:  The 36-year-old plaintiff, Jennifer Fell, was injured two years and nine months ago when the car she was driving was rear-ended by the defendants' vehicle. Liability for the accident is admitted. Causation and quantum remain in dispute....

Read More

16 Feb Balaj v. Xiaogang

             Because of the very limited time available in chambers on the day I heard the application, November 15, 2011, I advised the parties I would reserve for supplementary reasons and editing. These are my supplementary reasons....

Read More

09 Feb Yeung v. Dowbiggin

             Ms. Yeung, now 28 years old, seeks damages for personal injuries suffered in four motor vehicle accidents which occurred on April 18, 2008, April 14, 2009, May 29, 2010, and July 14, 2011.  Each accident was a rear end collision (minor in terms of vehicle damage) and liability is admitted on all four.  The court is not asked to apportion damages among the four accidents....

Read More