Hill v. Swayne
In December 2009 the plaintiff was injured in a collision with a small Honda leaving the driveway of a residence adjacent to Champlain Crescent near Hollyhock Lane in Vancouver, B.C....
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In December 2009 the plaintiff was injured in a collision with a small Honda leaving the driveway of a residence adjacent to Champlain Crescent near Hollyhock Lane in Vancouver, B.C....
The plaintiff seeks the following orders:1. Her Majesty the Queen in Right of the Province of British Columbia be added as a defendant to the action;2. Argo Road Maintenance (Thompson) Inc. be added as a defendant to the action;3. the style of cause be amended accordingly;4. the plaintiff be at liberty to file an Amended Notice of Civil Claim in the form attached as Exhibit A to the Notice of Application.Background...
The applications before me arise from a motor vehicle accident which occurred in August 2008....
The plaintiff Asiyya Pisani was injured in a head on collision on December 29, 2009. Liability is admitted. The only issue is damages. Ms. Pisani was 20 years old at the time of the accident and a full time university student. She graduates from university this summer and will be working this fall at Ernst & Young as a staff accountant. Ms. Pisani continues to experience intermittent symptoms of pain arising from the accident. One of the issues relates to the extent her symptoms may impact on her plans to becoming a chartered accountant.A. THE ACCIDENT...
On June 6, 2012, following 2 ½ days of evidence and argument, I pronounced judgment on the issue of liability for a motor vehicle accident. Quantum of damages had been agreed upon. I found wholly in favour of the plaintiff. The plaintiff now seeks double costs of all steps taken after delivery of an offer to settle on May 10, 2012....
This is an application by the defendant before me in my capacity as the assigned trial judge not to admit into evidence the report of the economist, Robert Carson, dated June 28, 2012, served July 3, 2012. The defendant opposes the admissibility of Mr. Carson's report on the following basis. First, it was not served within the time limits for serving expert evidence as per R. 11-6(3) of the Supreme Court Civil Rules. Secondly, the opinion regarding the value of the plaintiff's financial dependency on his wife, Zlata Moll is not relevant to any of the issues raised in the pleadings filed to date. In the alternative, the defendant seeks an order adjourning the trial....
This is a summary trial and all parties agree that the credibility of the plaintiff is not in issue....
In the early evening of June 22, 2010, the plaintiff, Eric Hoy, was driving along West Georgia Street in Vancouver with his then girlfriend (now fiancée) Georgette Gutierrez in the passenger seat. They had come to a stop at a red light at Nicola Street....
In March 2002, Mr. Cocco, the principal of the plaintiff company, Trinden Enterprises Ltd. (Trinden), entered a contract to purchase two acres of vacant industrial land at 1368 Kingsway Avenue, Port Coquitlam. The defendant Mr. Ramsay refused to complete the sale in mid-May 2002. The plaintiff company sued for specific performance. In February 2004, Meiklem J. held that the plaintiff was entitled to damages and not specific performance. This decision is indexed at 2004 BCSC 226. An assessment of damages was overturned on appeal and led to this re-trial. I find that the plaintiffs are entitled to damages for the reasons that follow.The Parties...
The plaintiff, Gohar Sheikh, and the defendant, Jason Struys, separately attended a Vancouver Canucks game in Vancouver in the evening of November 20, 2009. After the game, they both returned to a lot next to the hockey arena where they had parked their respective vehicles. They each then, along with many others who had attended the game, attempted to exit the parking lot to go home....
The plaintiff seeks to have the trial of this action heard by the court with a jury. The application was heard on July 12, 2012. It raises the issue as to whether under the Supreme Court Civil Rules, which came into effect on July 1, 2010, a party which did not file a jury notice may, nonetheless, rely on a jury notice filed by another party and secure a trial by jury by paying the required fees. In light of the pending trial date being August 13, 2012, I am delivering these oral reasons for judgment today. I reserve the right to edit these reasons although that process will not involve a change in the decision or in the reasoning....
Six years ago the plaintiff was traversing a crosswalk in downtown Kamloops, B.C., when he was struck by the defendants car. Neither party saw the other until the moment of impact. Liability for the collision is in issue because, while the defendant acknowledges her own fault, she says that the plaintiff was contributorily negligent for failing to look out for his safety....