12 Mar Soto v. Peel

             These five actions all arise from a very serious motor vehicle accident which occurred in the evening hours of August 15, 2007 on the Trans-Canada Highway at a point approximately 3.5 kilometers west of Salmon Arm, B.C....

Read More

05 Mar Streeper Contracting Ltd. v. Insurance Corporation of British Columbia

             The plaintiff, Streeper Contracting Ltd., hauls oil rig equipment between lease sites in the oil and gas fields of northeastern British Columbia.  One of its heavy commercial trucks, Unit 50, collided head-on with another vehicle in December 2005.  The accident caused serious injury to the driver of Unit 50, the death of the third party driver, and the loss of both commercial vehicles.  The defendant, ICBC, denies coverage on the basis that Unit 50 was operating outside of its insurance coverage, and on the basis of a misstatement made to ICBC by Streeper Contracting’s president....

Read More

08 Feb Jackson v. School District No. 53 (Okanagan Similkameen)

             On October 5, 2006, after classes at South Okanagan Secondary School (“the school”) had ended for the day, Makwalla Hall assaulted Tylor Jackson in a school corridor. The two boys were in the ninth grade at the time. The assault consisted of a single punch to the left side of Tylor’s head, causing him to fall backwards and strike his head on a window. Most unfortunately, Tylor sustained a traumatic brain injury from the blow and it has left him mentally and physically compromised....

Read More

28 Jan Brown v. Raffan

             The plaintiff, Terri Brown, was injured in a motor vehicle accident that occurred in Maple Ridge, B.C. on March 9, 2009. Liability has been admitted by the defendants. This action concerns Ms. Brown’s claim for damages arising out of her injuries sustained in the collision....

Read More

15 Jan Nadeau v. Okanagan Urban Youth & Cultural Assn.

             The plaintiff, Jason Sean Nadeau, was injured on July 1, 2005, when he was struck by a motor vehicle. He was attending a music concert at an outdoor venue called The Bluffs. The Bluffs are located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna. This trial deals only with the issue of liability with regard to the parties who are represented and participated in the trial. Counsel have agreed that the issue of damages, if there is liability, can be dealt with by a judge other than myself....

Read More

10 Jan Stovel v. Paul

             The plaintiff, Patricia Stovel, was injured in a motor vehicle collision in Nanaimo, B.C., on September 2, 2009. The defendants admit liability for the accident and further admit that Ms. Stovel sustained some injury, loss and damage as a result of the accident. At issue is the extent of those injuries the accident caused to Ms. Stovel, or to which it contributed by way of aggravating pre-existing conditions, and the quantum of damages to be awarded to Ms. Stovel in the circumstances.Background...

Read More

14 Dec Wayne v. Donisi

             On March 17, 2011, at about 9:15 a.m., the plaintiff, Geraldine Marie Wayne, was driving north on Highway No. 5 in Kamloops, British Columbia. She came to a stop at Rogers Way. Her vehicle was struck by a vehicle driven by the defendant, Dario Donisi, and owned by the corporate defendants, Ari Financial Services Inc. and Cadbury Adams Canada Inc. (the “accident”)....

Read More

23 Nov Akbari v. Insurance Corporation of British Columbia

             On December 8, 2010, the plaintiff was driving on Nordel Way in Delta when the vehicle he was driving collided with a light standard.  Although the direction in which he was travelling would most accurately be described as north-easterly, for the sake of convenience, and because it will make no difference to the narrative, in these Reasons I shall refer to Nordel Way as a north-south street and 84th Avenue as an east-west avenue.  Mr. Akbari was north-bound on Nordel Way, heading out of Delta towards Surrey....

Read More

09 Nov Sam v. Corona

             This personal injury trial dealt with the consequences of a collision between vehicles driven by the plaintiff Leslie Sam and the defendant Franco Corona at an intersection in Maple Ridge on July 26, 2009....

Read More

06 Nov Spiering v. Trevor

             The plaintiffs, Michael Spiering and Mechthild Maria Spiering (collectively, “the Spierings”), who are husband and wife, each commenced an action seeking damages for injuries that they suffered when they were injured in a motor vehicle accident. The accident occurred at about noon on September 17, 2008, on Highway 19 near the Zeballos junction turn off, near the Town of Port McNeill, British Columbia....

Read More