28 Jun Burke v. Artz

Posted at 00:00h in Motor Vehicle Accident

             In this personal injury damages assessment, the main issues are the quantum of the plaintiff’s claims for non-pecuniary loss, loss of past and future opportunity to earn income and cost of future care. The plaintiff’s claims arise out of her complaints of psychological injury including post-traumatic stress disorder, depression and anxiety together with chronic myofascial pain and headaches, all of which she attributes to a motor vehicle accident. The defendants have admitted liability for the accident, but contest the plaintiff’s claims for compensation.Credibility...

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27 Jun Ryan v. Klakowich

Posted at 00:00h in Motor Vehicle Accident

             This is a claim for damages for personal injuries suffered by the plaintiff, Brenda Ryan, in a motor vehicle accident that occurred on December 2, 2008 (the (“2008 Accident”). The defendants have admitted liability. At issue are the non-pecuniary damages, some of the special damages, the claims for past and future wage loss and the costs of future care....

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22 Jun Iwanik v. Hayes

Posted at 00:00h in Motor Vehicle Accident

           Ms. Iwanik was injured in a motor vehicle accident in Nelson, B.C. on June 20, 2008. She was driving a 2001 Pontiac Sunfire car when it was struck by a 1997 Chevrolet Blazer owned by the defendant Mr. Campbell and driven by the defendant Ms. Hayes. Ms. Hayes admits that she caused the accident. The assessment of Ms. Iwanik’s damages proceeded to a six day trial....

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17 Jun Gatzke v. Sidhu

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The subject motor vehicle accident happened on January 31, 2006, at the intersection of 64th Avenue and 152nd Street in Surrey.  It was dark and raining.  The plaintiff was westbound on 64th Avenue; her evidence is that she was intending to drive further along 64th and eventually to turn right and proceed north up 144th Street....

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13 Jun Bouchard v. Brown Bros. Motor Lease Canada Ltd.

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Maurice Bouchard, claims damages for personal injuries sustained in a motor vehicle accident which occurred on February 26, 2005. The plaintiff, who was 26 years old at the time, was seated in the front passenger seat of his brother’s parked truck when it was struck from behind by a pick-up truck owned by the defendants,  Brown Bros. Motor Lease Canada Ltd. and United Scaffold Supply Company Inc., and operated by the defendant, Antoine Naudi. At the time of impact, the plaintiff was turned in his seat, facing to his left, as he moved some objects on the front passenger seat. He was not wearing a seatbelt because the vehicle was parked....

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09 Jun Hough v. Wyatt

Posted at 00:00h in Motor Vehicle Accident

           THE COURT:  The 49-year-old plaintiff, Michael Hough, claims damages for injuries sustained in a motor vehicle accident on March 9, 2009. Do I have that date right?...

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. Although the parties argue the court should draw different inferences from the facts, the material facts are not in dispute. Accordingly, I agree that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that led to mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages.MATERIAL FACTS...

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07 Jun Balderston v. Aspin

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims to have suffered injuries as a result of motor vehicle accident which occurred on September 17, 2008. The defendant denies liability for the accident....

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01 Jun Kotscha v. Hospital of St. John of Jerusalem

Posted at 00:00h in Uncategorised

             In this summary trial application pursuant to Rule 9-7 of the Supreme Court Rules, the defendant seeks to have the action dismissed on the basis that it was not commenced within the two-year limitation period provided for a personal injury action by s. 3(2)(a) of the Limitation Act, R.S.B.C. 1996, c. 266.EVIDENCE...

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