11 Sep Hall-Smith v. Yamelst

             The plaintiff was a passenger in a taxi when it was involved in a motor vehicle accident on February 25, 2009. Liability has been admitted. The plaintiff claims non-pecuniary damages, past wage loss, loss of housekeeping capacity, loss of future earning capacity, costs of future care, and special damages.Facts(a) Circumstances of the accident...

Read More

31 Aug Crevier v. Thompson

             The plaintiff seeks damages for injuries she received in a motor vehicle collision that occurred near Sooke, British Columbia, on the afternoon April 14, 2011.  Liability is not admitted....

Read More

31 Aug Stoneson v. Testa Estate

             The plaintiff Susan Stoneson seeks damages for injuries in a motor vehicle accident that occurred on July 13, 2010. Liability is admitted and the major issue is the extent, if any, to which the plaintiff’s earning capacity has been impaired.The Plaintiff...

Read More

28 Aug Kostinuk v. Fellowes

             Brett Kostinuk was injured in a motor vehicle accident on October 7, 2010.  He seeks damages for non-pecuniary loss, past income loss, loss of future earning capacity, cost of future care, and special damages.  Liability for the motor vehicle accident is admitted.Background Facts(i) The Accident...

Read More

25 Aug Sebaa v. Ricci

             The plaintiff claims damages suffered from a heavy head-on motor vehicle collision (the “Accident”) that occurred on December 30, 2010. The plaintiff suffered multiple soft tissue injuries. These included multiple contusions, chest injuries and rib injuries. However, the lasting and most significant injuries alleged are as follows:a)       mechanical neck pain with pain referred into the upper extremities, most notably the left shoulder and arm;b)       mechanical lower back pain;c)       a fractured left ring finger at the middle phalanx;d)       soft tissue and nerve injury to the right knee, causing nerve and soft tissue pain;e)       Post-Traumatic Stress Disorder (“PTSD”);f)        depressive disorder with anxiety, chronic and severe; andg)       multifactorial chronic pain disorder associated most notably for psychological factors and a general medical condition....

Read More

25 Aug Ali v. Fineblit

             Rizwan Ali claims for damages he alleges he sustained in a motor vehicle accident on October 3, 2009, at the intersection of West 7th Avenue and Pine Street, Vancouver, B.C. Mr. Ali was stopped at the intersection when the defendant, Shirley Fineblit attempted to pass him on the left side. As Ms. Fineblit was attempting pass Mr. Ali, he turned left and her vehicle came into contact with his motorcycle. Both liability and quantum are at issue....

Read More

19 Aug MacDonald v. Joseph

             The plaintiff was injured on January 9, 2011 in a head on collision with a vehicle driven by the defendant, Julia Joseph (“Joseph”), and owned by the defendant, Joseph Titian. Liability was not an issue in this Rule 15-1 trial because the third party acknowledged that Joseph caused the accident which resulted in significant material damage to both vehicles. Neither defendant took any part in this litigation. The issues are: the nature and extent of the injuries caused by the accident, whether the plaintiff had recovered from his injuries by the summer of 2012, what is an appropriate award for non-pecuniary damages, what is the proper method for calculation of past wage loss, whether the plaintiff established his claim for diminished future earning capacity and how to calculate that loss, and whether the plaintiff established his claim for cost of future care and how that loss is to be calculated.Non-Pecuniary Damages...

Read More

13 Aug Starrett v. Campbell

             The plaintiff Sandra Starrett is suing the defendant Ken Darcy Campbell for negligence. Mr. Campbell operates a horse-riding business, offering guided trail rides to customers....

Read More

12 Aug Bencsetler v. Vancouver (City)

             Joszef Bencsetler (the plaintiff) advances a tort claim for battery against Vancouver Police Department Cst. Ara Pehlivanian and the City of Vancouver (the defendants).  The claim arises out of events surrounding the plaintiff's arrest by Cst. Pehlivanian at a Vancouver Canucks hockey game on April 10, 2010.  The evidence establishes that the plaintiff suffered a serious shoulder injury in the course of his arrest.  The plaintiff seeks a sizeable award for pecuniary and non-pecuniary damages.  In addition, he seeks a declaration that the circumstances and manner of his arrest violated his ss. 7 and 9 Charter rights, and damages pursuant to Ward v. Vancouver, 2010 SCC 27 arising out of his alleged arbitrary detention....

Read More

31 Jul Koltai v. Wang

             These reasons concern the assessment of the damages suffered by the plaintiff, Mr. Koltai, resulting from a car accident that happened May 7, 2011 in Langley, BC. The plaintiff’s vehicle was struck from behind with considerable force and he claims to have suffered significant injuries that have completely disabled him and rendered him unable to work now or in the future. Liability for the collision is admitted by the defendant....

Read More