In my reasons for judgment issued December 19, 2008, (2008 BCSC 1756) I found that the plaintiff, a chiropractor in private practice, had proven on the balance of probabilities that the defendant was solely responsible for the accident and should be held 100% liable for the plaintiffs personal injuries....
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....
On January 22, 2003, a vehicle operated by the defendant, Jamin Lee, struck the plaintiff, Selina Meghji, while she was walking across the intersection of Blanshard Street and Cloverdale Avenue in Victoria, B.C....
The defendants bring this Rule 9-7 summary trial for an order dismissing the plaintiffs claim for damages arising out of a motor vehicle accident that occurred on July 29, 2006. The plaintiff brought an action and obtained a judgment in the Provincial Court of British Columbia (Small Claims Division) relating to the same accident and the defendants contend the plaintiff is therefore precluded from claiming again in relation to the same accident on the basis of res judicata.THE LAW...
The plaintiff in this personal injury action represented himself at trial, and reasons were given on September 16, 2010. No order has yet been entered, in part because of my invitation to the plaintiff and counsel for the defendants to address the issue of costs of future medication. No present-value calculation had been tendered by the plaintiff (who, of course, has the burden of proof)....
At approximately 11:30 a.m. on January 18, 2007, Mr. Hardip Sangha (Sangha) lost control of a tractor trailer he was driving north on Highway 97 at an S turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his vehicle slide across the road as the trailer swung around the tractor. As this occurred, Mr. Raoul Thiels (Thiels) was approaching the same location driving a tractor trailer south, toward Williams Lake. When he saw the Sangha truck sliding sideways across the road into his path of travel, he felt that there was no option but to intentionally drive his truck off the west side of the road into a ditch and snowbank. The vehicles missed each other narrowly. Sanghas truck swung around 180 degrees and ended in the ditch on the east side of Highway 97 with the tractor facing south. Thiels truck hit the bank of the ditch on the west side of the road and its trailer then pivoted across the travelled portion of the highway, blocking the southbound lane entirely and impinging significantly on the northbound lane....
There are three applications to be decided: the first is the plaintiffs application to add Edward Bates as a defendant and to amend the statement of claim to incorporate allegations against Mr. Bates. The second is the defendants summary trial application, heard pursuant to Rule 9-7, in which the defendants seeks a dismissal of portions of the plaintiffs claims on the ground that they are barred by operation of the Limitation Act, R.S.B.C. 1996, c. 266. The third is the defendants application, pursuant to Rule 9-5(1)(a), to strike portions of the plaintiffs statement of claim as disclosing no cause of action....
THE COURT: The plaintiff, Mrs. Dyana Lorenz, was injured in a motor vehicle accident that took place July 7, 2008. Liability for the accident is admitted on the part of the defendants. The trial proceeded as an assessment of damages. The only witnesses at trial were Mrs. Lorenz and Drs. Alan Berkman and Stanley Leete.Background...
On July 19, 2005, the plaintiff, Mr. X., an RCMP officer, was responding to an emergency call on the Lougheed Highway in Coquitlam. His life changed permanently and materially when his motorcycle collided with a truck driven by one of the defendants, Mr. Y. The truck was owned by Z. Ltd., the other defendant. I will refer to the defendant, Mr. Y., as the defendant for the balance of these reasons. As a result of the accident, the plaintiff was seriously injured; he sustained a burst-fracture of his T12 vertebra and underwent fusion surgery. The plaintiff returned to his employment with the RCMP in April 2006. However, he has not returned to front-line police work....
This is the assessment of party and party costs arising in a personal injury case, brought under Rule 15-1(Fast Track).BACKGROUND...