The plaintiff in this personal injury action represented himself at trial, and reasons were given on September 16, 2010. No order has yet been entered, in part because of my invitation to the plaintiff and counsel for the defendants to address the issue of costs of future medication. No present-value calculation had been tendered by the plaintiff (who, of course, has the burden of proof)....
This is a family proceeding involving custody and access, property division and support. A central feature of the trial was the plaintiffs allegation that the defendant sexually abused one of the children.Facts...
The plaintiff in this personal injury action claims damages arising from a motor vehicle accident. The present application, brought by the defendant, seeks the production of medical and business records. Despite the failure of the defendant applicant to rely upon Rule 26(11) and Rule 27(22) in the notice of motion, the application was fully argued relying on those rules, without complaint from the plaintiff and, I am satisfied, without prejudice to her. Since the hearing of the defendants application, the new Rules have come into force and effect and Rule 26(11) is now Rule 7‑1(18) and (19), and Rule 27(22) is now Rule 7‑2(18).BackgroundMedical Records...
This action arises out of a rear‑end collision which occurred at the intersection of Highway 97 and McCurdy Road in Kelowna on June 27, 2005. A car being driven by the plaintiff was stopped at a traffic control on Highway 97 when he was struck from behind by a truck operated by Joshua Thompson. Liability has been admitted; Mr. Thompson gave in evidence that he had been momentarily distracted; the highway was slippery and he knew before impact that he would not be able to stop in time to avoid the impact. There was considerable damage to the front of the defendants older model pickup truck, and damage as well to the rear of the plaintiffs car which was estimated to be approximately $2,500. Both vehicles were seemingly operable, although the plaintiff says he arranged for his car to be towed....
The plaintiff in this action seeks damages arising out of a motor vehicle accident on August 9, 2006 when the vehicle operated by the plaintiff was rear ended by a vehicle operated by the defendant, Mr. Eskoy. Liability is admitted....
THE COURT: The plaintiff in this action seeks double costs from the commencement of trial on November 24, 2008, and his taxable costs from the commencement of the action to that date....