15 Apr Letain v. Quatsino Lodge Ltd.

             The plaintiff, Cheryl Letain, suffered a broken ankle as a result of a fall on an articulated ramp leading to the dock of a fishing lodge owned and operated by the defendants: Quatsino Lodge Ltd., Walter Schoenfelder and Jean May Schoenfelder. Ms. Letain claims that the defendants are liable for damages based on the condition of the articulated ramp pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

Read More

17 Dec Duda v. Sekhon

             This claim arises out of two motor vehicle accidents involving the plaintiff, Samantha Duda. Liability is not in dispute and was admitted by all defendants....

Read More

01 Sep Klein v. Insurance Corporation of British Columbia

             The plaintiff, Heidi-Anne Klein, was injured in a motor vehicle accident, which occurred on March 30, 2012. She sued to recover damages for personal injuries in a tort action, New Westminster Registry No. 157453 (the “Tort Action”). The Tort Action has been set for trial in 2016. Liability in the Tort Action is admitted....

Read More

10 Dec Kabani v. Lee

             This trial raises the issue of causation of a very significant physical disability the plaintiff asserts was caused by a low velocity, low impact motor vehicle accident (the “Accident”). The physical disability is rheumatoid arthritis, a painful auto-immune disease that bilaterally attacks the joints in the human body. For the reasons which follow, I conclude that the plaintiff has failed to prove that rheumatoid arthritis was caused by the Accident.Background...

Read More

18 Nov Hatchard v. Sulzle

             These reasons address a low velocity motor vehicle accident that occurred on October 13, 2010 (the “Accident”). The vehicle driven by Brian Hatchard was in the process of making a left turn onto the Fraser Highway at the same time as the vehicle driven by Johan Sulzle was making a right turn onto the Fraser Highway. The two vehicles collided side-to-side, with the impact on the passenger side of Mr. Hatchard’s vehicle. There was minor vehicle damage. Liability for the action has been admitted by the defendant....

Read More

19 Sep Link v. Insurance Corporation of British Columbia

             In this case, the parties agreed to sever liability from damages for the purposes of this summary judgment application. The determination of liability is the sole issue before the Court. The plaintiff, Mr. Link, was involved in a single vehicle accident after the front windshield of his vehicle (the “Link Vehicle”) was blanketed with snow by a passing sport utility vehicle (the “SUV”). The issue in this case is whether the actions of the driver of the (unidentified) SUV constituted negligence.II.               FACTUAL BACKGROUND...

Read More

23 Jul Stalzer v. Nagai

             This case involving a collision between a motor vehicle and a bicycle has one primary issue: whether the plaintiff proved the defendant was actually negligent and therefore liable....

Read More

14 Mar Healey v. Chung

             The plaintiff seeks damages - loss of past and future earning capacity; cost of future care; special damages; and loss of housekeeping capacity - for a pedestrian-vehicle accident that occurred on September 5, 2005....

Read More

09 Aug Lessey v. Canuel

             The plaintiff brings an application for costs.  The plaintiff was successful at trial but was awarded damages within the monetary jurisdiction of the Small Claims Court.  The defendant submits that only costs within the jurisdiction of the Small Claims Court should be payable; not Supreme Court costs.II.               History of the Action...

Read More