14 Dec Wayne v. Donisi

             On March 17, 2011, at about 9:15 a.m., the plaintiff, Geraldine Marie Wayne, was driving north on Highway No. 5 in Kamloops, British Columbia. She came to a stop at Rogers Way. Her vehicle was struck by a vehicle driven by the defendant, Dario Donisi, and owned by the corporate defendants, Ari Financial Services Inc. and Cadbury Adams Canada Inc. (the “accident”)....

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14 Dec Li v. Lian

             Qing Hua Li, also known as Qing Hua Wu (“Ms. Li”) was in a motor vehicle accident on October 9, 2008, on Rupert Street in the city of Vancouver (the “Accident”). The defendant Ceu Hmung Lian admits liability. Quantum is in dispute....

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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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12 Dec I.R. v. M.R.

             This is an application by I.R. under s. 17(1)(a) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) [the Act] to vary a spousal support order made by Parrett J. on February 18, 1993 requiring him to pay to his ex-wife, M.R., $4,400 per month. I.R. asserts that his decision to “semi-retire” with his second wife, P.R., constitutes a material change in circumstances since the making of the original order. The relief sought by I.R. on his notice of application is immediate termination of the obligation to pay spousal support. In oral argument, counsel for I.R. conceded that immediate termination of spousal support was unrealistic and proposed a reduction in monthly support to $1,779 for a three year period, after which his obligation to pay support would come to an end....

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12 Dec Sauer v. Scales

             On November 1, 2004, the plaintiff was injured in a motor vehicle accident involving the defendant.  At trial, the defendant was found fully liable and ordered to pay $334,796.87 in damages (an amount later adjusted to $286,176.37).  The facts are set out in my reasons for judgement indexed at Sauer v. Scales, 2009 BCSC 1250.  Subsequent applications concerning the calculation of damages are indexed as follows: 2009 BCSC 1311; 2009 BCSC 1705; 2010 BCSC 983; and 2011 BCSC 1261....

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06 Dec Pearlman v. Critchley

             The defendants Mr. Critchley, Ms. Hocoluk, Quinlan Abrioux, ICBC, Atlantic Trading Company Ltd. and Ms. Spence seek to have Mr. Pearlman’s action dismissed. The applicants assert the plaintiff’s claims are frivolous, vexatious and an abuse of the process of the court....

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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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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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