11 Mar Burdett (Guardian Ad Litem) v. Mohamed

Posted at 00:00h in Motor Vehicle Accident

             This civil jury trial concluded on December 21, 2009 when the jury awarded the plaintiff damages against the defendant Mohamed Abdikani Mohamed (“Mohammed”) in an amount totalling $1,813,440 (ie. following 20% deduction for contributory negligence).  The claim against the defendant Joseph Samuel (“Samuel”) was dismissed.  The plaintiff now applies for the following orders: ·       that she recover 100% of her costs of the entire proceeding at Scale C, payable by the defendants Mohammed and Christopher Brent Dubois (“Dubois”), pursuant to Rule 57(9) and Section 3 of the Negligence Act. ·       an order pursuant to Rule 57(18) requiring the defendants Mohammed and Dubois to pay the costs of the successful defendant Samuel; and ·       an order pursuant to Rule 37B that she is entitled to double costs from the defendants Mohamed and Dubois from November 10, 2009 to present. ...

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10 Mar Chen v. Beltran

Posted at 00:00h in Uncategorised

             The plaintiff, Allan Chen, by his litigation guardian, claims damages for injuries sustained in an accident which occurred February 27, 2006.  The accident occurred when Allan, on a skateboard and against a red light, proceeded into the intersection of 10th Street and Royal Avenue in New Westminster, B.C.  The sole issue to be determined is whether the defendants are partially at fault for the accident.  The plaintiff admits that Allan was at fault for at least a portion of his injuries but says the defendants were also negligent....

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10 Mar Lissner v. Lissner

Posted at 00:00h in Uncategorised

             The Plaintiff, Ms. Lissner, applies to vary an order made by Mr. Justice Grist on September 24, 2004 addressing spousal support (the “Order”). By the terms of the Order, spousal support originally ordered in the amount of $1,400 per month was cancelled. In addition to fixing an amount of spousal support, Ms. Lissner seeks an order imputing income to the defendant, Mr. Lissner, and an order for retroactive spousal support. Although the motion originally included an order for production of income tax returns and notices of assessment, counsel abandoned this part of the application at the commencement of the hearing....

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05 Mar Lakhani v. Elliott

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Ms. Lakhani, advanced a claim for damages arising out of a motor vehicle accident. Following the release of my Reasons for Judgment, which can be found at 2009 BCSC 1058, the parties returned before me to address two specific issues relating to an award of costs:i)          did the plaintiff’s failure to be forthright in the evidence she gave at trial disentitle her to the award of double costs which she might otherwise receive under Rule 37B?; andii)         given Rule 57(7), is the plaintiff entitled to recover the costs and disbursements related to several specific witnesses?Background...

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02 Mar Dodsworth v. Krenus

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury action arising from an accident that occurred on September 16, 2005, at about 8:00 a.m., at the intersection of Chesterfield Street and West 22nd Ave., North Vancouver, B.C.  The plaintiff, Mr. Dodsworth, while walking across Chesterfield in the crosswalk at the intersection, was struck by a pickup owned by the defendant, Common Ground Construction Ltd., and driven by the defendant, Mr. Krenus....

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01 Mar OLeary v. Rupert

Posted at 00:00h in Uncategorised

             The plaintiff, Mrs. O’Leary, and her son rented a basement apartment in the house of the defendants, Mr. and Mrs. Rupert. On January 12, 2007, Mrs. O’Leary slipped and fell in the driveway of the Rupert home. She suffered a second-degree sprain of her ankle. She continues to be impeded in some of the recreational activities that she historically enjoyed....

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01 Mar MacIntyre v. Pitt Meadows Secondary School

Posted at 00:00h in Motor Vehicle Accident

             Evan MacIntyre is presently 22 years old.  He is the plaintiff in these three actions which were heard at the same time.  Due to the fact that most of the events relevant to the actions occurred while the plaintiff was a minor, I will refer to him by his first name in these reasons.  In doing so, I intend the plaintiff no disrespect....

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26 Feb Berry v. LaBelle

Posted at 00:00h in Motor Vehicle Accident

             On March 7, 2006, a vehicle driven by the defendant Stephanie Labelle collided with a vehicle driven by the plaintiff Paul Berry.  Ms. Labelle admits that the accident was caused by her negligence.   The parties disagree about the nature, severity and duration of injuries suffered by Mr. Berry as a result of the collision and the heads and quantum of damages that should be awarded.FACTS...

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26 Feb Greenhouse Studios Inc. v. Harlos

Posted at 00:00h in Uncategorised

             Greenhouse Studios Inc. (“Greenhouse”) appeals from a decision of the Provincial Court dismissing a small claims action in which it sought to recover $17,100 from the respondent, Daniel Harlos, a lawyer, and his firm....

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26 Feb Demarzo v. Michaud

Posted at 00:00h in Motor Vehicle Accident

             On March 19, 2005, the defendant drove his Pontiac Sunbird into the back of a Jeep Cherokee driven by the plaintiff Deidra Demarzo, who had stopped for a red light at a Vancouver Island Highway intersection. The plaintiff had turned to her right to say something to her passenger, Daniel Saliken. The light turned from red to green just before impact, the force of which propelled the Jeep about a car’s length into the intersection....

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