30 Nov Haughian v. Jiwa
At issue is who bears responsibility for this motor vehicle accident. The defendant seeks a summary determination of liability and dismissal of the plaintiffs claim....
04 Nov Chandi v. Atwell
This is an assessment of the infant Plaintiffs costs in respect of a personal injury action that settled on April 20, 2010 for the sum of $900,000 plus taxable costs and disbursements in advance of the trial that was set for fifteen days commencing on May 31, 2010. The settlement was approved by Mr. Justice Leask on February 8, 2011....
01 Nov Burnett v. Moir
This case raises a number of legal and factual issues, but the foremost question is, in what circumstances will police officers be subject to a private law duty of care for acts or omissions committed in the exercise of their public responsibility to preserve the peace and prevent the commission of offences?...
04 Oct Dobre v. Langley
Mr. Dobre, the twenty-year-old plaintiff, was injured in a car-bicycle accident on July 14, 2008. His most serious injury was a right thumb Bennett fracture. This involves a fracture of the base of the thumb where it joins the wrist joint. It was an intra-articular fracture, which means the breakage involved the joint surfaces. This injury continues to cause him problems. He suffered some other injuries as well. He quickly recovered from his scrapes and bruises but continues to suffer neck and upper back symptoms that the defendant says are unrelated to the accident....
20 Sep Nerval v. Khehra
On October 16, 2007, a car accident occurred at the intersection of Blue Jay Street and Sandpiper Drive in Abbotsford (the Intersection). Bethann Nerval was attempting a left turn at the Intersection at the same moment Ramandeep Khehra was proceeding southbound through the Intersection. Neither woman saw the other in time and Ms. Khehras vehicle struck Ms. Nervals vehicle broadside. Both parties were injured and have sued one another. This trial was restricted to the issue of which drivers negligence caused the collision. The measure of fault attributed to each party will govern the apportionment of their entitlement to damages, which will be tried separately from the liability issue.Undisputed Facts...
08 Sep Khunkhun v. Titus
THE COURT: The trial of this matter was heard by me sitting with a jury from April 18 to May 4, 2011. Liability was admitted. The nature and extent of the plaintiff's injuries and the quantum of damages were in issue. The plaintiff advanced a claim described in her trial brief as having a value of $961,000. In argument, the plaintiff claimed, in addition to unspecified non-pecuniary damages, gross income loss to trial in excess of $100,000 and future pecuniary losses in the range of 265,000 to $663,000....
19 Aug Glaholt v. Ross
Ms. Glaholt lost most of the vision in her right eye in the period after April 6, 2009. Because she had previously lost most of the vision in her left eye, the vision loss has been particularly devastating....
17 Jun Gatzke v. Sidhu
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....
06 May Moore v. Briggs
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....
16 Feb Zen v. Readhead
The 45-year-old plaintiff, Paul Zen, was injured in a car accident five-and-a-half years ago. The defendant, Michelle Readhead, admits liability for the accident but disputes the extent of the plaintiffs injuries and the amount of damages, in particular the plaintiffs claim for loss of past and future profits from three family businesses.II. Analysis1. What injuries has Mr. Zen sustained?...