17 Oct Gilbert v. Bottle

Posted at 00:00h in Motor Vehicle Accident

             On March 8, 2005 the plaintiff, Ricci Lynn Gilbert, was injured in a motor vehicle accident in Williams Lake, British Columbia.  She was a passenger in the backseat of a vehicle driven by the defendant, Anthony Bottle, and owned by the defendant, Steven Whitford, when the accident occurred.  Mr. Bottle was impaired by alcohol when he approached a corner too quickly and lost control of the vehicle, which spun across the roadway and came to rest suspended off the ground against a fence.  Ms. Gilbert, who was not wearing a seatbelt, was ejected from the rear hatch window and found unconscious on the ground below....

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29 Sep Fiorda v. Say

Posted at 00:00h in Motor Vehicle Accident

             Tina Fiorda sustained soft tissue injuries in two motor vehicle accidents, for which the defendants acknowledge liability.  The first accident, on April 20, 2008, was the less serious, and the parties agree that Ms. Fiorda’s injuries from that accident had almost completely resolved by the time of the second accident, on  August 2, 2009.  It is the effects of her injuries from the second accident which are the focus of this “fast-track” litigation....

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29 Sep Habib v. Jack

Posted at 00:00h in Motor Vehicle Accident

             This is an application for an order dealing with costs. The defendants seek their costs of the proceeding throughout and double costs from April 9, 2010 based upon an offer to settle. The plaintiff seeks an order that each side bear their own costs....

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28 Sep Besic v. Kerenyi

Posted at 00:00h in Uncategorised

          In this case I am asked to assess the quantum of damages and costs to be awarded to the plaintiff, Elvis Besic, against the defendant, Zoltan Kerenyi.  Mr. Besic’s claim arises out of an assault and battery that took place on July 2, 2003.  Mr. Besic obtained default judgment against Mr. Kerenyi on April 12, 2011, after Wong J. ordered that Mr. Kerenyi’s appearance and statement of defence be struck on the same day.  Mr. Kerenyi is currently appealing Mr. Justice Wong’s decision....

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22 Sep Ruskey v. Haggerty

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  In this matter, two applications are before the court.  One is an application on behalf of the plaintiff for renewal of a Writ.  The other is an application for dismissal for want of prosecution, brought on behalf of the defendants by an agent for the Insurance Corporation of British Columbia, speaking for them, although the defendants have not been served....

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20 Sep Nerval v. Khehra

Posted at 00:00h in Motor Vehicle Accident

           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. Khehra’s vehicle struck Ms. Nerval’s vehicle broadside. Both parties were injured and have sued one another. This trial was restricted to the issue of which driver’s 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...

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15 Sep Felix v. Hearne

Posted at 00:00h in Motor Vehicle Accident

           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....

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08 Sep Khunkhun v. Titus

Posted at 00:00h in Motor Vehicle Accident

             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....

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30 Aug Bartram v. Glaxosmithkline Inc.

Posted at 00:00h in Medical Malpractice

             The plaintiffs allege that a child suffered birth defects as a result of her mother’s use of the antidepressant Paxil during her pregnancy. They have applied to certify this action as a class proceeding. The present issue is whether the defendants, who manufactured and marketed the drug, should have access to the plaintiffs’ medical records before they respond to the certification application....

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