This is a personal injury action for damages arising out of a motor vehicle accident. In reasons indexed at 2012 BCSC 1947, I found the defendant Kora Goodrick solely liable for the collision that occurred on July 2, 2008. The parties were granted leave to make written submissions with respect to the issue of costs. These are my reasons on the costs issues.Background Facts...
The plaintiff was injured on January 2, 2010 when riding as a passenger in a car. Liability is admitted on behalf of the defendant, Blake Mohr and the action discontinued against Albert Boyd. The trial was for the purpose of assessing damages. The plaintiffs injuries of significance where to her upper back. She also experienced dizziness which Dr. Stanley Mah, an ear, nose and throat specialist, described as post-traumatic vestibular dysfunction. This appears to have resolved within weeks of the accident. She continues to complain of pain in her upper back....
THE COURT: On July 2, 2008, at about 8:30 in the morning, a collision occurred on the Trans-Canada Highway at a location known as Kault Hill near Salmon Arm between a Toyota Camry driven by James Francis Tod and a Dodge pickup truck driven by Colin James Brook. Mr. Tod was killed in the collision. The plaintiff was a passenger in the Dodge pickup driven by her husband. In response to a notice to admit delivered by the plaintiff to the defendant, Mona Ruth Tod, as executor of the estate of the late Mr. Tod and to the defendant, Kora Goodrick, both those defendants admit that the accident occurred as a result of one or both of their negligence and that they are, in the language of the notice to admit, individually or jointly and severally 100 percent liable for the injuries and loss suffered by the plaintiff as a result of the accident. By consent, the action has been dismissed against Mr. Brook and he has been removed from the style of cause. The trial of liability as between the remaining defendants was severed from the damage claim with that assessment to be addressed at a later date. The hearing this week has been conducted for the purpose of determining the respective degrees of fault of the defendants....
The plaintiff was injured in a motor vehicle accident on May 3, 2004. The plaintiffs vehicle, while stopped, was struck from behind by a vehicle driven by the defendant Groening, and her vehicle was pushed into another vehicle stopped in front of her. Liability is admitted. The trial was for the purpose of assessing damages....
The defendant applies pursuant to Rule 12-6 to strike the plaintiffs jury notice. The principal basis for the application is the issues are said to be more intricate or complex than is appropriate for a jury trial....
The issue of liability for the injuries suffered by the plaintiff when she fell on April 1, 2008, is to be decided. Counsel agree that if there is liability, all the defendants are liable except for MVT Canadian Bus, Inc., against which the action was discontinued before trial....