20 Apr Biefeld v. Neetz

             On September 7, 2007, the plaintiff, Claire Biefeld, was involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C.  I will refer to this as the “Accident” or the “September 2007 Accident.”  Ms. Biefeld asserts that, as a result of the Accident, she suffered a number of injuries, including to her neck, left shoulder, left arm and left hand.  She says that her symptoms eventually caused her, in October 2014, to leave a job she loves.  Ms. Biefeld says further that, as of trial and as a result of her injuries, she continues to experience serious and debilitating symptoms and pain, particularly in her left arm and shoulder, and that, based on all of the medical evidence, the prognosis for any improvement is poor.  In addition to non-pecuniary damages, Ms. Biefeld seeks compensation for past income loss, loss of future income earning capacity, cost of future care and special damages....

Read More

13 May Wright v. Sun Life Assurance Company of Canada

             In this action, the plaintiff, Dr. Robert Wright, asserts he is entitled to income replacement benefits under a group policy of insurance (the “Policy”) between the defendant The Prudential Group Assurance Company of England (Canada) (“Prudential”) and the Canadian Dental Association.  Dr. Wright asserts that his entitlement to benefits arises as a result of injuries he suffered in an accident (the “Accident”) while he was skiing on December 18, 1993.  Dr. Wright says these injuries rendered him first, residually disabled, and then totally disabled from carrying on his occupation practising dentistry as a general practitioner.  The benefits to which Dr. Wright says he is entitled exceed $1.5 million.  He seeks judgment for what he claims are the unpaid benefits, as well as aggravated damages and other relief....

Read More

30 Sep Ladas v. Apple Inc.

             The plaintiff, Amanda Ladas, seeks certification of a class proceeding against the defendant, Apple Inc., in relation to mobile communication and media devices that use an operating system described as “iOS4.”  The devices in issue are the iPhone 4, iPad, iPod, iPhone 3G and iPhone 3GS.  I will refer to these as the “iDevices.”  The plaintiff’s claims concern the “Location Services” capabilities of iDevices using the iOS4 operating system. ...

Read More

11 Jul Yip v. Saran

             On January 25, 2011, the plaintiff, Veronica Yip, was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C.  Ms. Yip was turning left onto Pinetree Way, on an advanced green left-turn signal, when her vehicle was hit by a vehicle driven by the defendant, who drove through the intersection.  Ms. Yip claims that, as a result of the collision, she has suffered a variety of physical and psychological injuries.  In addition to non-pecuniary damages, Ms. Yip seeks compensation for past loss of housekeeping capacity and special damages.  A claim for damages for loss of earning capacity and an in-trust claim were not pursued at trial....

Read More

12 Mar Vapheas v. Madden

             The plaintiff’s action arises out of a motor vehicle accident that occurred in September 2010.  The trial was with respect to liability only.  In my Reasons for Judgment indexed at 2014 BCSC 138, I concluded that the collision was caused by the failure of both Ms. Vapheas and the defendant Connor Madden to meet the standard of care required of reasonable drivers in the circumstances.  I apportioned liability 75% to Ms. Vapheas and 25% to Mr. Madden....

Read More

29 Jan Vapheas v. Madden

             The plaintiff’s action arises out of a motor vehicle accident that occurred on September 20, 2010 at the intersection of King George Boulevard and 68th Avenue in Surrey, B.C.  The trial was with respect to liability only....

Read More

02 Aug Dupre v. Patterson

             THE COURT:  This is a fast track action that arises out of a collision between a cyclist, the plaintiff, Ms. Dupre, and a car driven by the defendant, Ms. Patterson.  A three-day trial is scheduled for October 2013....

Read More

28 May Singh v. British Columbia (Public Safety)

             On September 12, 2007, the plaintiff, Mr. Prem Singh, was travelling northbound on Scott Road (also known as 120th Street) in Surrey, B.C.  Mr. Singh approached the intersection at 96th Avenue.  96th Avenue runs east and west.  The traffic light was green for Mr. Singh.  As Mr. Singh went through the intersection, he hit a westbound RCMP vehicle driven by Constable Kerri Parrish. ...

Read More