21 Sep Kooner v. Singh
THE COURT: This is an application brought on behalf of the defendant to have this matter transferred to the Provincial Court of British Columbia and, therefore, subject to the limit on damages of $25,000....
15 Sep Felix v. Hearne
The plaintiff was injured in a vehicle roll-over on July 8, 2006. The evidence heard during this proceeding was that she was driving east on Highway No. 1 near Langley, when her boyfriend, Mr. Hearne, grabbed the steering wheel causing the vehicle to leave the highway and overturn. Mr. Hearne was killed in the collision....
09 Sep Miller v. Boughton
Following a trial before Madam Justice Hyslop with a jury, which took place between December 6 and 14, 2010, the plaintiff was found to be 45% liable for a motor vehicle accident which occurred July 22, 2006, and the defendant, 55% liable. The jury assessed non-pecuniary damages at $6,000.00, $1,500.00 past wage loss and $100.00 special damages for total damages of $7,600.00, reduced by 45%. By virtue of s. 83 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, (the Act), there was a further reduction of $300.00 resulting in a judgment award to the plaintiff of $3,880.00...
07 Sep Gowler v. Ngo
THE COURT: The application before me is to determine the costs to be awarded following a jury trial. The plaintiff seeks an order for 100 percent of his costs, or alternatively 50 percent of the part of the trial regarding liability and 100 percent of the part of the trial regarding damages, and that alternative position I would calculate as seeking about 75 to 80 percent of his costs....
19 Aug Garcha v. Gill
In my reasons for judgment issued December 19, 2008, (2008 BCSC 1756) I found that the plaintiff, a chiropractor in private practice, had proven on the balance of probabilities that the defendant was solely responsible for the accident and should be held 100% liable for the plaintiffs personal injuries....
15 Aug Meghji v. Lee
On January 22, 2003, a vehicle operated by the defendant, Jamin Lee, struck the plaintiff, Selina Meghji, while she was walking across the intersection of Blanshard Street and Cloverdale Avenue in Victoria, B.C....
11 Aug Singh v. McHatten
The defendants bring this Rule 9-7 summary trial for an order dismissing the plaintiffs claim for damages arising out of a motor vehicle accident that occurred on July 29, 2006. The plaintiff brought an action and obtained a judgment in the Provincial Court of British Columbia (Small Claims Division) relating to the same accident and the defendants contend the plaintiff is therefore precluded from claiming again in relation to the same accident on the basis of res judicata.THE LAW...
03 Aug Quartey-Harrison v. Klusiewich
On April 18, 2007, Mr. Quartey-Harrison was driving his vehicle southbound on 200th Street in Langley. He had entered the intersection at 200th Street and 92nd Avenue on a green light and was proceeding through the intersection when his vehicle was struck on the right passenger side by a vehicle driven by the defendant Darren Klusiewich. ...
02 Aug Harrington v. Sangha
At approximately 11:30 a.m. on January 18, 2007, Mr. Hardip Sangha (Sangha) lost control of a tractor trailer he was driving north on Highway 97 at an S turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his vehicle slide across the road as the trailer swung around the tractor. As this occurred, Mr. Raoul Thiels (Thiels) was approaching the same location driving a tractor trailer south, toward Williams Lake. When he saw the Sangha truck sliding sideways across the road into his path of travel, he felt that there was no option but to intentionally drive his truck off the west side of the road into a ditch and snowbank. The vehicles missed each other narrowly. Sanghas truck swung around 180 degrees and ended in the ditch on the east side of Highway 97 with the tractor facing south. Thiels truck hit the bank of the ditch on the west side of the road and its trailer then pivoted across the travelled portion of the highway, blocking the southbound lane entirely and impinging significantly on the northbound lane....
27 Jul Nwachukwu v. Ferreira
THE COURT: Introduction...