The 31-year-old plaintiff, Leah Christine Stewart, seeks damages from the defendants, Daniel Dueck and Sumas Transport Inc., arising from a motor vehicle accident that occurred on June 2, 2010, at the intersection of 176th Street and 16th Avenue in Surrey, British Columbia (the Intersection)....
These are proceedings pursuant to Rule 9-4 of the Supreme Court Rules, considering points of law that arise from the pleadings. The parties consent to proceeding in this manner....
This is an action for personal injuries as a result of a motor vehicle accident that occurred on April 28, 2010. The plaintiff, Christian Ludwig, was the front seat passenger in a vehicle that was rear-ended by the vehicle driven by the defendant, Sergio Frighetto. Liability is not an issue. The plaintiff claims the following heads of damage:(a) non-pecuniary loss;(b) past wage loss; and(c) loss of future earning capacity.Facts...
THE COURT: The plaintiff applies for leave to extend the time within which an application may be brought to strike the jury notice and for an order striking the notice in this case on the grounds the issues require the prolonged examination of documents and accounts or a scientific investigation that may not be conveniently conducted by a jury and on the ground the issues are of a complex character.History of the Proceedings...
The 58-year old plaintiff, George Hunt, was involved in two motor vehicle accidents, one on October 28, 2004 (the 2004 Accident), and the other on November 28, 2007 (the 2007 Accident). In these reasons, I will refer to these two accidents collectively as the Accidents. The defendants admit liability for the Accidents....
By notice of application filed June 5, 2012, the plaintiff applies to court almost three years after the collision to add the Insurance Corporation of British Columbia (ICBC) as a nominal defendant to this action and for leave to amend its notice of civil claim....
The parties have applied to settle the terms of the order that ensues from a jurys verdict made on February 3, 2012. That verdict followed a ten day trial. The parties have agreed on a number of necessary and relevant calculations that arise from the jurys award. They do not agree on an appropriate order regarding costs.The Jurys Verdict and Subsequent Calculations...
This is an application by the defendant for production of various medical, MSP, PharmaNet and WCB records....
A Judicial Justice of the Peace found Mr. Fogt guilty as operator of a vehicle of violating s. 68(3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 (MVA) for having failed to take steps to locate and notify in writing the owner or person in charge of property whose property he had damaged while operating it. Section 68(3) provides:(3) The driver or operator or any other person in charge of a vehicle involved in an accident resulting in damage to property on or adjacent to a highway, other than a vehicle under subsection (2), must take reasonable steps to locate and notify in writing the owner or person in charge of the property of the fact of the accident and of the following:(a) the name and address of the driver, operator or other person in charge of the vehicle;(b) the name and address of the registered owner;(c) the licence number of the vehicle....
I awarded the plaintiff these damages for personal injuries she suffered in a motor vehicle accident; Cikojevik v. Timm, 2010 BCSC 800:§ Non pecuniary damages, net of mitigation $152,000.00§ Past loss of income $2,000.00§ Delayed entry into work force $55,000.00§ Loss of work capacity $1,000,000.00§ Special damages $20,726.16§ Special damages in trust $5,000.00§ Cost of future care $251,525.00§ Total $1,486,287.16§ Plus court order interest by consent $1,828.69§ Total $1,488,115.85...