03 Feb Johal v. Radek

             THE COURT:  This is an application by the defendants for an order that their expert witness, Dr. Robin Rickards, be examined on oath before a court reporter by video deposition on February 5, 2016, the Friday prior to the trial of this matter, and that the record of the examination be made available to be tendered as evidence at trial....

Read More

03 Feb Squire v. Siemens

             THE COURT:  This is an application to adjourn a trial set in this personal injury action for April 11, 2016, for three weeks with a jury. There is a concurrent application to transfer the proceeding to Vancouver. By the time this trial is heard, if it proceeds as scheduled, it will have been five years since the subject accident....

Read More

02 Feb Suthakar v. Humble

             On July 15, 2011, the vehicle driven by Thaneswary Suthakar, which was also occupied by her two sons, her mother and her friend, was struck twice in the rear while stopped at a red light at a major intersection (the “Accident").  Ambulance and police attended at the scene.  Ms. Suthakar was taken to the hospital by ambulance where she was assessed and discharged....

Read More

01 Feb T.M. v. G.M.

             The infant plaintiff was sexually assaulted by the adult defendant while the plaintiff was in and near the residence of the defendant and his wife playing with his son. He pled guilty to criminal charges of sexual assault and was sentenced. The issue in these proceedings is the assessment of damages flowing from eight incidents of sexual assault....

Read More

25 Jan Beardwood v. Sheppard

             The plaintiff claims damages for injuries he suffered during a motor vehicle accident that occurred on April 13, 2012 (“MVA”).  He was a passenger in the back seat of a vehicle driven by his common-law partner, Ms. Anne Butler when it was struck at an intersection by the defendant’s vehicle....

Read More

21 Jan Litt v. Guo

             Ms. Litt, the plaintiff in this matter, is seeking double costs from the dates of delivery of three formal offers to settle, preferably (in her counsel's submission) from the date of the earliest offer....

Read More

20 Jan Arletto v. Kin

             The plaintiff was injured in a motor vehicle accident on November 13, 2010. The defendants admitted liability for the accident. The trial was for assessment of damages.Facts...

Read More

15 Jan McAdam v. Rosling

             This is an assessment of the plaintiff’s bill of costs following a mediated settlement of the personal injury action. That settlement was reached two business days before the commencement of a nine-day trial and included an agreement that the defendant pay the plaintiff’s reasonable costs. The parties have been able to agree on the majority of tariff items and disbursements claimed in the bill. Remaining at issue are the number of units to be allowed for tariff items 1, 2, 6, 10, 11, 14, 17, 32 and 46 and charges for the following disbursements: the functional capacity report and cost of future care report of Back in Motion Functional Assessments Inc., the witness cancellation fee issued by Back in Motion when the action settled shortly before trial, and the vocational report of Trainor Vocational Consulting Corp.Background Facts...

Read More

13 Jan Birkich v. Cantafio

             The plaintiff seeks damages for injuries she received as a pedestrian when she was struck in a crosswalk by a pickup truck driven by the defendant. The defendant admits liability for the incident....

Read More

13 Jan Havens v. Insurance Corporation of British Columbia

 On March 28, 2010 Mr. Havens was riding his motorcycle on a round trip to Squamish from his home in Vancouver.  He was accompanied by a friend, Gordon Austrom, who was on his own motorcycle.  On the return trip to Vancouver Mr. Havens' motorcycle went down near the on-ramp to the Lions Gate Bridge from Marine Drive.  Mr. Havens was rendered unconscious and sustained brain injury.  No vehicle stopped to acknowledge involvement in the accident....

Read More