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. Iwaniks damages proceeded to a six day trial....
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....
This action relates to a knee injury suffered by Ms. Battagliola on February 15, 2005, at the New Westminster store of Wal-Mart Canada Corp. (Wal-Mart). This proceeding is brought under old Rule 66 now Rule 15-1. The plaintiff says that an uninstalled metal shelf that had been left sitting horizontally on the floor was kicked over and struck her right knee. This, she says, has resulted in her suffering chronic pain in and around her right knee. ...
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 brothers 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....
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. The material facts are not in dispute; it is a question of drawing inferences from the facts to arrive at a proper assessment of damages. I agree with the parties assessment that the summary trial procedure is appropriate. The plaintiffs claim is based on a relatively minor accident that caused 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....
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 plaintiffs 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...
The plaintiff and the defendant litigated the plaintiffs claims before a jury relating to a motor vehicle accident that occurred in Kamloops, British Columbia on July 22, 2006....
The plaintiff obtained judgment in default of appearance against the defendant, Robert Dutra, on June 10, 2005. This trial was for the assessment of damages suffered by the plaintiff as a result of an assault by the defendant. The plaintiff testified. A consulting report from Dr. Lanius, a neuropsychologist, dated July 16, 2004, was also in evidence. Finally, a statement of lost wages was placed into evidence. There were no medical reports before the court, either past or current....
The plaintiff claims damages for injuries suffered in a motor vehicle accident of April 13, 2007 that is said to have been caused by the negligence of the defendant, Shenul Dhalla. The trial proceeded under Rule 15-1....
The plaintiff Kimberley Day, now 28 years of age, was involved in two separate motor vehicle accidents: July 9, 2006 and February 8, 2007. ...