19 Jan MacKenzie v. Rogalasky

             The plaintiff, Robert MacKenzie, claims damages for soft tissue injuries he sustained in a motor vehicle accident on April 10, 2003, (the “accident”) when his vehicle was struck by Mr. Rogalasky, the defendant in these proceedings, while at the intersection of Burrard St. and Georgia St. in Vancouver, British Columbia....

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18 Jan Zawadzki v. Calimoso

             On September 17, 2004, the plaintiff, Mr. Zawadzki, was struck from behind by a U-Haul truck driven by the defendant Mr. Calimoso. At the time, he was walking north on 20th Street in New Westminster, British Columbia (the “Accident”). Mr. Calimoso denied liability throughout the trial. At the beginning of closing submissions, liability, subject to Mr. Zawadzki’s potential contributory negligence, was admitted. The various distinct issues raised in this case are identified in the index found on the first page of these reasons.B)       The Accident and Contributory Negligence...

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30 Dec Etson v. Loblaw Companies Limited (Real Canadian Superstore)

           On November 28, 2008, the plaintiff, then 76 years old, tripped over the corner of a wooden pallet in the defendant’s Superstore, fell down, and broke her hip.  She had surgery to pin her hip together but within nine months the hardware failed and she had to have two further operations: one to remove the hardware and another to replace her entire hip.  Fortunately, the last surgery was successful and the plaintiff is finally on the road to recovery....

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23 Dec Madill v. Sithivong

             The plaintiff, Ronald Edward Madill, claims damages against the defendants for injuries arising from a motor vehicle accident that occurred June 28, 2004 on Clearbrook Road in Abbotsford, British Columbia.  At the time of the accident, the plaintiff was a passenger in a motor vehicle owned by the defendant, Super H Holdings Ltd., and operated by the defendant, Charles Peter Howard.  The action against Super H Holdings Ltd. has been discontinued....

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22 Dec Lee v. Jarvie

             In 2004, the plaintiff Stanley Lee was a 27-year old recent graduate from Simon Fraser University. Mr. Lee was single, living on his own and working as a clerk at Overwaitea Save-on-Foods in Coquitlam, British Columbia....

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17 Dec Borgfjord v. Penner

             The plaintiff lives in Powell River, British Columbia. At about six o’clock in the evening of October 10, 2010, the plaintiff was injured in a motor vehicle accident that occurred just south of Powell River, on Highway 101....

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17 Dec Cross v. Cross

             On September 5, 2008, the plaintiff was a passenger in an automobile, owned by his mother (the defendant Gail Theresa Zeilstra) and driven by his brother (the defendant Spencer Cross). The vehicle was struck by another automobile operated by the defendant Christian David McLean Bouwman....

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16 Dec Ibbitson v. Cooper

 Mr. Ibbitson was a helicopter logging faller.  On July 21, 2001 he was driving home from the work site when, in Prince George, he was broadsided by a car being driven by Mr. Cooper and owned by Ms. Wagner.  Mr. Ibbitson’s three-quarter ton pickup truck was pushed into the opposing lane and was hit almost directly head-on by an oncoming tractor, travelling without a trailer.  Mr. Cooper had run the stop sign....

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15 Dec De Gaye v. Bhullar

             This is an action for damages arising out of a motor vehicle accident that occurred on March 16, 2005 in Surrey, B.C. at the intersection of 92nd Avenue and 132 Street. Liability is admitted by the defendants. The quantum of damages is the sole issue in dispute....

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