12 Apr Ferrier v. Johnscross Properties (B.C.) Ltd.

Posted at 00:00h in Uncategorised

             The defendant, Johnscross Properties (B.C.) Ltd. (“Johnscross” or the “defendant”), has applied for judgment against the plaintiff pursuant to Rule 18A. Prior to hearing the application, counsel for the plaintiff advised that the action was to be dismissed by consent against the defendants, Jeff Queen, 611032 B.C. Ltd., Ploutos Enterprises Ltd., and John Doe doing business as Penticton Tile & Marble. A consent dismissal order is in circulation and will be entered in due course. The remaining defendants, James Palanio and 62-431 Realty Ltd., have not joined in this application....

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09 Apr Beazley v. Suzuki Motor Corporation

Posted at 00:00h in Motor Vehicle Accident

             The plaintiffs apply at a pre-trial conference to exclude the report of David L. Wood and the portions of the report of Jeya Padmanapan that deal with the statistical relationship between seatbelt use and injuries in motor vehicle accidents. The defendants oppose the applications. They submit that the applications should be deferred to trial and only determined after the witnesses have testified at trial on a voir dire. Alternatively, the defendants submit the reports are, in any event, admissible. The trial is scheduled to commence on April 19, 2010, for 60 days.BACKGROUND...

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08 Apr Hambrook v. Sandhu

Posted at 00:00h in Motor Vehicle Accident

             In this matter the parties have each filed a notice of motion seeking a determination by the court as to liability to pay costs on a settlement agreement entered into between them....

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08 Apr Green v. Gregory

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the third party, Insurance Corporation of British Columbia, to have the plaintiff, Wanda Lee Green, attend a medical examination with Dr. Piper, an orthopaedic surgeon, on April 19, 2010, at 2:45 p.m. at Dr. Piper's office at 102 - 65 Richmond Street, New Westminster, British Columbia. The third party also seeks an order that the third party pay the plaintiff's reasonable travel expenses to attend the examination with Dr. Piper, and indeed, as will be seen, agreements have been reached in relation to this aspect of the motion and other issues as well. The third party also asks for the costs of the application....

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08 Apr Booth v. Gartner

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims general damages, past loss of income, diminished earning capacity, cost of future care and special damages, as a result of a motor vehicle accident on February 4, 2007. Liability is admitted and special damages have been agreed to in the amount of $12,000.BACKGROUND...

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07 Apr Falati v. Smith

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Hourash Falati, seeks damages arising out of a motor vehicle accident which occurred on February 13, 2007. Liability is admitted. The most contentious issue in this claim is the extent of the plaintiff’s alleged pre-trial and future losses of earnings and earning capacity. The plaintiff’s position is that he lost or suffered diminished opportunities to earn income through various business ventures which he claims were delayed or frustrated by his injuries, including a new restaurant venture which he was about to get off the ground when the accident intervened.I.        Background...

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06 Apr Gosselin v. Neal

Posted at 00:00h in Motor Vehicle Accident

             In this trial, the plaintiff claims damages for injuries suffered in a motor vehicle accident on January 5, 2006 (the “MVA”).  She was 39 years old at the time of the MVA.  She is now 43 years old.  She suffered injuries to her neck, right shoulder, and back.  She claims that those injuries have not resolved and that they continue to cause her pain and to restrict her activities....

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01 Apr Costello v. Rafique

Posted at 00:00h in Motor Vehicle Accident

             Mr. Murphy Costello (“Mr. Costello”) was injured in a motor vehicle accident on October 26, 2006. Liability is admitted by the defendants. At issue is the quantum of damages owed with respect to the extent of Mr. Costello’s injuries from the relatively minor rear-end collision. A complication is that the accident took place about three months after Mr. Costello had back surgery.I.        Background...

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31 Mar Agesen v. ICBC

Posted at 00:00h in Uncategorised

           This is an appeal by the plaintiff of an order of the Master on March 23, 2010.  The Master ordered that the plaintiff, James Leo Agesen, submit to a medical examination by Dr. J.F. Schweigel, an orthopaedic surgeon, on March 30, 2010, at 2:45 p.m....

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31 Mar Lamont v. Stead

Posted at 00:00h in Motor Vehicle Accident

           On December 9, 2006, a car operated by the defendant struck the left rear corner of a car operated by the plaintiff. At the time of the collision, the plaintiff was stopped at a red light for eastbound traffic on Kingsway, at 14th Avenue, in Burnaby, BC. The defendant approached from behind and, in an attempt to pass on the left, caught the left rear of the plaintiff’s vehicle with the right front of his vehicle. The impact was unexpected. It caused moderate damage to both cars....

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