19 Nov Wallman v. Insurance Corporation of British Columbia

             THE COURT:  The plaintiff applies for leave to extend the time within which an application may be brought to strike the jury notice and for an order striking the notice in this case on the grounds the issues require the prolonged examination of documents and accounts or a scientific investigation that may not be conveniently conducted by a jury and on the ground the issues are of a complex character.History of the Proceedings...

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19 Nov Hunt v. Ugre

             The 58-year old plaintiff, George Hunt, was involved in two motor vehicle accidents, one on October 28, 2004 (the “2004 Accident”), and the other on November 28, 2007 (the “2007 Accident”).  In these reasons, I will refer to these two accidents collectively as the “Accidents”.  The defendants admit liability for the Accidents....

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16 Nov Wafler v. Trinh

             The parties have applied to settle the terms of the order that ensues from a jury’s verdict made on February 3, 2012. That verdict followed a ten day trial. The parties have agreed on a number of necessary and relevant calculations that arise from the jury’s award. They do not agree on an appropriate order regarding costs.The Jury’s Verdict and Subsequent Calculations...

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15 Nov Cikojevic v. Timm

             I awarded the plaintiff these damages for personal injuries she suffered in a motor vehicle accident; Cikojevik v. Timm, 2010 BCSC 800:§  Non pecuniary damages, net of mitigation     $152,000.00§  Past loss of income                                         $2,000.00§  Delayed entry into work force                         $55,000.00§  Loss of work capacity                               $1,000,000.00§  Special damages                                           $20,726.16§  Special damages in trust                                 $5,000.00§  Cost of future care                                      $251,525.00§  Total                                                        $1,486,287.16§  Plus court order interest by consent                 $1,828.69§  Total                                                       $1,488,115.85...

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15 Nov R. v. Fogt

             A Judicial Justice of the Peace found Mr. Fogt guilty as operator of a vehicle of violating s. 68(3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 (“MVA”) for having failed to take steps to locate and notify in writing the owner or person in charge of property whose property he had damaged while operating it. Section 68(3) provides:(3)        The driver or operator or any other person in charge of a vehicle involved in an accident resulting in damage to property on or adjacent to a highway, other than a vehicle under subsection (2), must take reasonable steps to locate and notify in writing the owner or person in charge of the property of the fact of the accident and of the following:(a)        the name and address of the driver, operator or other person in charge of the vehicle;(b)        the name and address of the registered owner;(c)        the licence number of the vehicle....

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15 Nov McKerr v. CML Healthcare Inc.

             The plaintiff Joy Ann McKerr alleges negligence in the conduct of a screening mammogram that took place on October 3, 2008 at a mammography screening clinic located on Richmond Road in Victoria, British Columbia....

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09 Nov Parent v. Lohia

             These are assessments of two bills of costs presented by the plaintiff following settlement of two motor vehicle accidents in which the plaintiff was injured....

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09 Nov Sam v. Corona

             This personal injury trial dealt with the consequences of a collision between vehicles driven by the plaintiff Leslie Sam and the defendant Franco Corona at an intersection in Maple Ridge on July 26, 2009....

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06 Nov Rasman v. Regan

             The plaintiff, Rudolf Rasman, claims damages for medical negligence against the defendant, Dr. William Regan, an orthopaedic surgeon, based on lack of informed consent.  On October 26, 2006, Dr. Regan performed surgery to repair a fracture of the plaintiff’s left clavicle, or collar bone. That procedure, an open reduction internal fixation of the left clavicle, involved opening up the fracture, and attaching a titanium plate to the clavicle in order to achieve union of the bone where it had fractured. On the same day, Dr. Regan also performed arthroscopic knee surgery on the plaintiff.  Mr. Rasman’s claim concerns only the surgery to his clavicle....

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