30 Sep Thompson v. Corp. of the District of Saanich

Posted at 00:00h in Motor Vehicle Accident

             This action arises from an unfortunate incident at Gordon Head Middle School in Victoria, B.C. on July 7, 2009. The plaintiff, Rebecca Thompson, then aged 11, was enrolled in a painting, drawing and drama day-camp offered by the defendant, the Corporation of the District of Saanich (the “District”), for children ranging in age from 8 to 12 years. During a morning recess, while she was outside playing a game called grounders with a number other children, the plaintiff fell from a piece of playground equipment and struck her head....

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08 Oct Symons v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             This is a summary trial application brought by the plaintiff for a declaration that she is entitled to temporary total disability benefits (“TTDs”) and medical and rehabilitation benefits under Part 7 of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83 (“the Regulation” or “Part 7”), and for judgment against the defendant for the cumulative total amount of those benefits that she says are payable, but which the defendant has wrongfully and unlawfully failed to pay, since the plaintiff’s involvement in a motor vehicle accident in 2008.The Accident...

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17 Sep Frank v. Kalokina

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The defendants, Lucy Kalokina and Sun Life Assurance Company of Canada, have brought this application pursuant to Rule 9-6 of the Supreme Court Rules for an order dismissing the plaintiff's tort action against them. The surrounding facts are as follows....

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16 Jun MacDonald v. Kemp

Posted at 00:00h in Motor Vehicle Accident

             This is a damages assessment in a motor vehicle accident case. Liability is admitted. There are no factual disputes or issues of credibility, and no allegations of exaggeration, malingering, or failure to mitigate. Apart from reasonably minor disagreements about the amount of non-pecuniary damages, special damages, and the cost of future care, the only issue in this case is whether the plaintiff is entitled to compensation for the loss of future income earning capacity.The Accident...

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04 Mar Glesby v. MacMillian

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of damages relating a motor vehicle accident on April 24, 2009 at the intersection of Dunbar Street and West 29th Avenue, Vancouver B.C. Liability has been admitted....

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16 May Gillespie v. Pompeo

Posted at 00:00h in Other

             This is an appeal under Rule 23-6(8) from an order of Master Bouck dismissing the defendant’s application for an adjournment of the civil trial of this claim, which is scheduled to start on June 3, 2013, for five weeks before a judge of this court sitting without a jury....

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01 Feb Jorgensen v. Coonce

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of the plaintiff’s damages arising from a motor vehicle accident on May 22, 2009. Liability has been admitted. The parties have agreed on the quantum of special damages ($8,086.00) but have been unable to agree on the quantum of general damages, loss of income-earning capacity, and future care costs.Issues to be decideda)    General damages:  Under this heading the plaintiff claimed that damages within a range of $85,000 to $100,000. The defendant submitted that the case fell more within the $40,000 to $45,000 range.b)    Loss of income earning capacity: Under this heading the plaintiff claimed damages of approximately $150,000. The defendant submitted that this part of the claim should be dismissed.c)     Cost of future care: Under this heading the plaintiff claimed $30,000. The defendant suggested no alternative evaluation for quantum, but submitted, essentially, that this part of the plaintiff’s claim was exaggerated and should be limited to a few thousand dollars for future massage therapy sessions....

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