02 Mar Gilbert v. Nelson

Posted at 00:00h in Motor Vehicle Accident

             On June 6, 2005, when the plaintiff, Alexander Gilbert was 13 years of age, he was riding his bicycle in and near the driveway of his home outside of Nanaimo, in a rural area called Cedar, B.C.  Unfortunately, the young cyclist was struck by the van driven by the defendant.  Currently, the issue of liability has yet to be determined by the court, although the defendant, through his insurer, ICBC, has denied liability for the accident and subsequent injuries suffered by the young man as a result of the accident.  In fact, the defendant alleges that the young plaintiff rode his bicycle out of his driveway without stopping and right into the path of the defendant’s van....

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01 Mar Carson v. Henyecz

Posted at 00:00h in Uncategorised

             On Mother’s Day, May 11, 2008, the plaintiff, Heidi Louise Carson, was at her mother’s, Susan Ann Henyecz, rented home located at 575 Singh Street, Kamloops, British Columbia. On that date, Mrs. Henyecz, while driving her 1996 Subaru Outback station wagon, backed down the driveway and struck Ms. Carson, who was on the driveway. As a result, Ms. Carson suffered injuries, the most serious injury being an injury to her back. Ms. Carson alleges that her mother is responsible for the accident for which Ms. Carson seeks damages. This trial is only to determine liability....

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29 Feb Eng v. Titov

Posted at 00:00h in Motor Vehicle Accident

             On April  2, 2009, the car driven by the plaintiff Gary Eng was rear-ended by the defendant’s vehicle.  Mr. Eng had exited Highway 1 and was stopped at a yield sign waiting for the traffic to clear so that he could proceed on Gaglardi Way.  He had turned to look for a break in traffic when he was unexpectedly struck from behind.  His car was moved some feet forward.  There was approximately $12,000 in damage done to his 2002 Honda Accord vehicle.  Mr. Eng was dizzy and in shock at the scene. Two or three days later, he began to experience physical symptoms − headaches, a stiff neck and shoulders which restricted his range of motion, and periodic bouts of intense low back ache.  He had chest pain, probably from the seatbelt, which resolved in a short time. He had pain in his right knee for about six months which made it harder to walk and was painful to touch.   He had difficulty sleeping for the first year because of the headaches and experienced a mood disorder....

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29 Feb Prempeh v. Boisvert

Posted at 00:00h in Motor Vehicle Accident

             On November 24, 2007, the plaintiff Margaret Prempeh (also known as Margaret Ekye) sustained injuries when she fell while onboard a transit bus in Vancouver. When the bus stopped suddenly the plaintiff was propelled forward to the floor at the front of the bus from her standing position by the rear door. It is uncontentious that the plaintiff sustained injuries in the fall and that her primary injuries were to her lower back and right wrist....

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28 Feb Newsham v. Canwest Trade Shows Inc.

Posted at 00:00h in Uncategorised

             The defendant, Canwest Shows Inc. (“Canwest”), organizes trade exhibitions of various kinds, one of them a trade show called the Naughty but Nice Sex Show (the “Show”), which is presented annually at the Vancouver Convention and Exhibition Centre (“VCEC”). In 2007, the Show took place between January 11 and January 14, 2007....

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28 Feb Morgan v. BC Transit

Posted at 00:00h in Motor Vehicle Accident

             THE COURT: This is my decision which was on costs, which was reserved to today's date. The portions of the defendants' application that remain to be decided relate to costs, first, with respect to an application for costs thrown away for an examination for discovery for which there was an appointment taken out for December 15, 2011, that the plaintiff did not attend; and second, costs in respect of this application. The plaintiff, the application respondent, seeks dismissal of the application with special costs....

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24 Feb Cliff v. Dahl

Posted at 00:00h in Motor Vehicle Accident

             Ms. Dahl applies to strike the jury notice filed by the plaintiff, Mr. Cliff. The defendants, apart from Mr. Snelgrove and Aggressive Auto Towing Ltd., support her application. Mr. Weaver’s counsel and Ms. Dahl’s counsel both made submissions to the court. For simplicity, I will refer to Ms. Dahl’s argument as presented for both parties but treat this proceeding as a joint application by these parties. Mr. Snelgrove and Aggressive Auto Towing Ltd. take no position with respect to the application. Mr. Cliff opposes the application on its merits and due to the delay in bringing on the application and giving notice thereof. Mr. Cliff was involved in a second motor vehicle accident and has commenced Action No. M114364 against Mr. Holmes. The parties agreed that these two actions will be heard at the same time. Mr. Holmes supports the application to strike the jury notice....

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23 Feb Peers v. Bodkin Leasing Corporation

Posted at 00:00h in Motor Vehicle Accident

           Mr. Peers was injured in a motor vehicle accident on February 11, 2009, when he was driving home from work near Gibsons, B.C. on Highway #101.  His vehicle, which was stopped at a red light at an intersection, was struck from the rear.  The impact sent his vehicle half way across the intersection.  Liability is admitted.Background...

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