29 Apr Sivertson (Guardian ad litem of) v. Dutrisac

Posted at 00:00h in Uncategorised

           The defendant, Capital Health Region (“CHR”) applies for an order pursuant to Rule 9-7 dismissing the plaintiffs’ claim against it.  The plaintiffs oppose the application.  The co-defendant, Kerri-Lea Dutrisac (“Dutrisac”) takes no position.  I must note here that more recently, the plaintiffs have consented to a dismissal of their action against the defendant Crown as well as the five personal defendants who are employees of the CHR, Ivanka Lupenec, Diane Hart, Shelly Harnadek, Mary-Jane Kellington, and Marcia L. Thorneycroft, on the basis that in the event the Court finds any of the personal defendants at fault, the CHR will be vicariously liable for their negligence.  ...

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29 Apr Vaughn v. Kelowna Speedometer Ltd.

Posted at 00:00h in Other

           William Alan Vaughn was the victim of an assault that occurred in Kelowna on August 10, 2008. His assailant or assailants have not been identified. The assault occurred at the rear of the defendant’s establishment, known as the Blue Gator Bar and Grill....

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21 Apr Jurczak v. Mauro

Posted at 00:00h in Uncategorised

             At a Trial Management Conference (TMC) on March 31, 2011, I made an order adjourning the trial in this matter, which had been set for May, 2, 2010.  I indicated that I would provide written reasons because the application raised a procedural question about the circumstances under which a judge at a TMC may hear and rule upon a contested adjournment application....

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19 Apr Jampolsky v. Shattler

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Perry Jampolsky, is a 28 year old Surrey resident injured in four separate motor vehicle accidents. The first three accidents occurred over the summer of 1999; the last accident occurred in August 2007. At the time of the first accident the plaintiff was 18 years old. He was accompanied in the vehicle by his brother, Marc, who has since settled his claims arising from the initial accident....

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15 Apr Biggan v. Fall

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff by counterclaim in this action seeks damages against the estate of Lloyd Scott and his son, Stewart Scott (the “Scotts”), pursuant to s. 3 of the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

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13 Apr Camaso v. Egan

Posted at 12:26h in Other

             Pursuant to the provisions of the Family Compensation Act, R.S.B.C. 1998, c. 126, the Plaintiffs claim for general, special and aggravated or punitive damages arising out of the circumstances surrounding the death of Majencio Camaso on Sunday, July 11, 2004.  At the time of his death, Mr. Camaso was 33 years old.  The Plaintiff, Maria Teresa Camaso, was his wife.  The Plaintiff, Christine Kate Camaso, was his daughter.  Christine was almost 3 at the time of the death of her father....

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05 Apr D.K.B. v. British Columbia

Posted at 00:00h in Other

             The plaintiff was a talented 13-year old hockey player when he was sexually abused by his coach. The plaintiff continued with a professional hockey career, but fell short of reaching what he says was his real potential. The question is to what extent the sexual abuse impacted the victim’s ability to earn income.Background...

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05 Apr Cairns v. Gill

Posted at 00:00h in Motor Vehicle Accident

             This is an application by Indirjit Gill and Gurjit Kaur Gill (the “defendants”) for payment of their costs and disbursements after an offer to settle a personal injury claim arising from a motor vehicle accident was refused by Sherrill Leanne Cairns (the “plaintiff”).  The plaintiff declined to accept the defendants’ offer to settle her claim for $1,292 (the “offer to settle”) plus costs, and proceeded to a three day trial before a judge and jury.  The plaintiff, although the successful party at trial, received a total jury award of $851....

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04 Apr Chun v. Smit

Posted at 00:00h in Motor Vehicle Accident

             There are two applications before the court for summary judgment pursuant to Rule 9-7, arising out of two separate proceedings. In each the plaintiff is seeking judgment against the defendant on the issue of liability, with damages to be assessed. One is on behalf of Taik Soo Chun, in action no. M095572. He was the driver of a motor vehicle involved in a collision with a vehicle operated by the defendant on February 23, 2009 at or near the intersection of Lougheed Highway and Shaughnessy Street in Port Coquitlam, B.C. The other application is on behalf of Ho Eun Kim, who was a passenger in the vehicle Taik Soo Chun was driving. The question is whether Taik Soo Chun may be liable to Mr. Kim, apparently does not trouble counsel, who represented both at this hearing....

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31 Mar Habib v. Jack

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Ms. Bibi Habib, received an injury while a passenger on the bus operated by the defendants Coast Mountain Bus Company Ltd. and Greater Vancouver Transportation Authority (“TransLink”) and driven by Robert Jack. Ms. Habib alleges that she was injured when the driver did not reduce the speed of the bus when going over a speed bump. At the request of the parties, this trial dealt solely with the issue of liability.Facts...

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