The plaintiff seeks an order pursuant to Supreme Court Civil Rule 9-1(6), B.C. Reg. 168/2009 for double costs; either from March 3, 2015, the date on which the plaintiff made a $495,000 settlement offer, or from March 9, 2015, when the plaintiff made a $345,000 settlement offer....
The plaintiff has asked the Court to determine if the plaintiff had sufficient reason to commence her personal injury action in the Supreme Court of British Columbia, and thereby entitle her to costs of the action pursuant to Rule 14-1(10) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 and to costs of the application. The defendant opposes the application....
The plaintiff sought damages for bodily injury she sustained on January 5, 2010 during a laparoscopic cholecystectomy performed at the Langley Memorial Hospital by one of the defendants, Dr. Donald Audley Shirley (Dr. Shirley), a general surgeon. For the following reasons, the defendant physician, Dr. Barbara Lynn Taneda (Dr. Taneda), successfully applied in this summary trial to dismiss the action brought against her by the plaintiff, Amanda McLellan....
The plaintiff, Thomas Lane Picco, claims damages for personal injuries sustained in a motor vehicle accident (the Accident) that occurred on July 1, 2009. The plaintiffs vehicle, a GMC Yukon, was struck by a police car which propelled the plaintiffs vehicle into the path of an oncoming car that struck his truck head on....
The plaintiff claims damages suffered from a heavy head-on motor vehicle collision (the Accident) that occurred on December 30, 2010. The plaintiff suffered multiple soft tissue injuries. These included multiple contusions, chest injuries and rib injuries. However, the lasting and most significant injuries alleged are as follows:a) mechanical neck pain with pain referred into the upper extremities, most notably the left shoulder and arm;b) mechanical lower back pain;c) a fractured left ring finger at the middle phalanx;d) soft tissue and nerve injury to the right knee, causing nerve and soft tissue pain;e) Post-Traumatic Stress Disorder (PTSD);f) depressive disorder with anxiety, chronic and severe; andg) multifactorial chronic pain disorder associated most notably for psychological factors and a general medical condition....
The plaintiff is a 44-year-old journeyman sheet-metal worker. At the time of the November 10, 2008 accident that occasioned the plaintiffs claim for injuries, he lived in the Lower Mainland of British Columbia. He now lives in Kamloops. He is married, and has two teenaged children from a former marriage. 1 The Accident...
The plaintiff is a 24-year-old woman injured in a motor vehicle accident on June 12, 2009, at the intersection of Kingsway and Slocan Street in Vancouver, British Columbia. The defendant driver of the car in which the plaintiff was the right front seat passenger admits liability. The driver ran a red light and T-boned the other car in the intersection; the impact spinning their car around and into a streetlight standard. The plaintiff wore her seatbelt. She had no airbag on her side of the car....
Mr. Thompson is the plaintiff in an action for damages stemming from a motor vehicle accident. He applies for an order permitting him to give rebuttal evidence to testimony given by a defence witness, Mr. Craig Barone, on July 25, 2014. He also applies for an order permitting him to put into evidence copies of his pay stubs from two roofing companies, Alpha Roofing & Sheet Metal Inc. and Duron Pacific Restoration Ltd. (collectively, Alpha-Duron), from March 2009 to about June 4, 2009, which show the particulars of all the earnings and benefits received during that period. These reasons address these applications.A. Rules Relied on...
These reasons for judgment address liability for a motor vehicle accident....
On the University of British Columbia campus (UBC), June 13, 2008, around 9:00 a.m., the plaintiff was rollerblading from a parking area where she had parked her car. She was heading for her campus workplace located on the west side of Wesbrook Mall. She needed to cross from the east side of Wesbrook Mall across five lanes of heavy traffic that are controlled by traffic and pedestrian lights....