08 Sep Van Den Hemel v. Kugathasan

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence. Two actions were tried together. The first action is the plaintiff versus Kugathasan. That action arises out of a motor vehicle accident in Richmond, British Columbia April 21, 2006. Liability is admitted. The second action is the plaintiff versus Mo. That action arises out of a motor vehicle accident in Richmond, British Columbia on July 18, 2006. Liability is admitted. One counsel acts for both defendants. In each action, the defendant pled contributory negligence. In both actions that pleading was abandoned. I must assess the damages. The case proceeded on the assumption that no thought need be given to apportioning (so to speak) the award of damages between defendants. Nor could it be in the circumstances that obtain here for the evidence reveals injuries which are, for the purposes of the law, indivisible: Bradley v. Groves, 2010 BCCA 361....

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01 Sep Gendron v. Moffat

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, who is now 58 years of age, is the owner/operator of a janitorial business and was involved in a motor vehicle accident on April 28, 2008. Her motor vehicle was struck by the defendant’s vehicle, hitting the left front side of the plaintiff’s car. Liability is admitted. The plaintiff is claiming non-pecuniary damages, as well as damages for past wage loss, loss of future earning capacity including loss of housekeeping capacity, cost of future care and special damages.Medical Evidence...

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30 Aug Bransford v. Yilmazcan

Posted at 00:00h in Motor Vehicle Accident

             The parties have come before me with respect to whether a structured judgment can be ordered, after the completion of a jury trial, the entering into of a judgment on the jury verdict, and a subsequent appeal....

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27 Aug Ward v. Klaus

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in a motor vehicle accident on February 4, 2002, at the parking lot of Evans Elementary School in Chilliwack, British Columbia.  The plaintiff was driving a 1991 Pontiac Sunbird when it was hit from behind by a 1999 Buick Park Avenue driven by the defendant.  The defendant admits liability and claims no contributory negligence against the plaintiff....

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27 Aug Boyle v. Prentice

Posted at 00:00h in Motor Vehicle Accident

             This action arises out of a motor vehicle accident that occurred on July 5, 2006, on 27th Street in Vernon, BC. Liability on the part of the defendant is admitted....

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23 Aug Grewal-Cheema v. Tassone

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence arising out of a motor vehicle accident which occurred on March 23, 2007.  The vehicle being driven by the defendant Alberto Tassone rear ended the plaintiff’s vehicle.  Liability has been admitted.  I must assess the damages....

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16 Aug Schmidt v. Hawkins

Posted at 00:00h in Motor Vehicle Accident

             On August 25, 2005, Mrs. Schmidt was driving her car on the highway between Sparwood and Invermere, British Columbia. Mrs. Schmidt’s husband was the front-seat passenger in the car; their two young children were in the back seat....

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10 Aug Jones v. Ma

Posted at 00:00h in Motor Vehicle Accident

             The motor vehicle accident that is the subject of this personal injury action occurred at about 11:45 a.m. on December 18, 2007 in the 2500 block of Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line....

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09 Aug Danicek v. Alexander Holburn Beaudin & Lang

Posted at 00:00h in Motor Vehicle Accident

             Michelle Danicek is a lawyer who was involved in two accidents, a fall in a nightclub late in the evening on April 5 or in the early hours of April 6, 2001, and a motor vehicle accident on June 29, 2002. These accidents led to three actions which have been consolidated for trial....

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