Introduction[1] The plaintiff in these actions, Mr. Rudolphus (Rudy) Vander Maeden, sought an award of damages for injuries he claimed he suffered as a result of two accidents involving motor vehicles. Mr. Vander Maeden chose to have his claims tried by a court composed of a judge and jury and, by consent of all parties, both actions were tried together....
The plaintiff John Maher seeks damages for loss and injury that he alleges he suffered as a result of having corrective laser eye surgery on March 27, 2008. Mr. Maher alleges that the defendants were negligent in in their treatment of him and that the defendants proceeded with the surgery without his informed consent. Mr. Maher also seeks punitive damages against the defendant Dr. Hugo Sutton for wilfully undertaking the surgery for which Mr. Maher was not a suitable candidate and for failing to provide proper follow-up care for complications that arose as a result of the surgery....
It was mid-morning on Christmas Eve, 2008, when the plaintiff, Jacob Miller, accompanied by his two dogs, headed out from his home near Hope, British Columbia to visit his daughter in White Rock. He drove a Pathfinder SUV that he had purchased about six months earlier....
The plaintiff, Van Tan Tran, brings this action to recover damages that he says he sustained as a consequence of a motor vehicle accident which occurred on December 13, 2008....
The car belonging to the plaintiff, Ms. Camelia Mezo, was hit in a rear-end accident by a Dodge Ram truck on Highway 1 on November 23, 2010 (the Accident)....
This trial concerns a claim by Lacey Shallow that the defendant, Bernard Dyksterhuis caused a collision and that she was injured as a result. Since the commencement of the action the plaintiff married. Her name is now Lacey Orcutt....
This is an application by the defendant to dismiss the plaintiffs claim for want of prosecution. The action concerns a 1998 motor vehicle accident. Unusually, the plaintiff bases her opposition to the motion on allegations of malfeasance by the defendants counsel.Litigation History...
The background to this matter is set out in the affidavit of Joseph A. Zak made July 12, 2013. In his affidavit, Mr. Zak deposes as follows:1. I am counsel for Tammy Franzman, the plaintiff in this action, and as such have direct knowledge of the information deposed to in this Affidavit.A. The Claim2. This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a head-on motor vehicle collision that occurred on October 16, 2008 on Westsyde Road south of the hamlet of Black Pines near Kamloops, BC.3. In order to investigate the issue of liability, establish the nature and extent of the plaintiffs injuries, the resulting financial consequences and the cost of future care, it was necessary to retain and consult with a number of experts. Attached as Exhibit 1 is a summary of the expert reports that were commissioned on behalf of the plaintiff as well as on behalf of the defence. The reports are voluminous and copies will be made available for the assessment.B. Accident Circumstances4. At the location of the collision, Westsyde Road is a paved two lane highway that runs in a north and south direction. The driving lanes are separated by a single yellow centre line. The highway is flanked to the east by a precipitous drop to the North Thompson River and to the west by a long ditch. The posted speed limit is 80 kph.5. The plaintiff was driving her red 1999 Chevrolet Venture van south to Kamloops for a medical appointment.6. The defendant, Shelley Maureen Munro (Munro), was driving a white 1993 Ford Taurus (Taurus) north returning to her home after driving her daughter and grandchildren to their home in Kamloops. The Taurus was registered to Munros common-law husband, the defendant, Dag Alfred Goddyn (Goddyn).7. The plaintiff had rounded a bend in the road when she saw Munro driving toward her...
The plaintiff is a 61 year old woman who lives at 101- 5374 203rd Street in Langley, British Columbia....
This matter is an appeal from the decision of a master in Sidhu v. Hothi, 2013 BCSC 939, dismissing the defendants application to withdraw admissions of liability made in the response to civil claim and to amend the response to civil claim....