The plaintiff has asked the Court to order the defendant, the Insurance Corporation of British Columbia (ICBC) to reinstate temporary total disability benefits (TTDs) ICBC had been paying her until the adjuster ended them on April 19, 2012. ICBC has refused to pay any further amounts since then....
These reasons decide which party bears responsibility, or partial responsibility, for a motor vehicle-pedestrian accident that occurred September 26, 2006 in Abbotsford, B.C....
A Judicial Justice of the Peace found Mr. Fogt guilty as operator of a vehicle of violating s. 68(3) of the Motor Vehicle Act, R.S.B.C. 1996, c. 318 (MVA) for having failed to take steps to locate and notify in writing the owner or person in charge of property whose property he had damaged while operating it. Section 68(3) provides:(3) The driver or operator or any other person in charge of a vehicle involved in an accident resulting in damage to property on or adjacent to a highway, other than a vehicle under subsection (2), must take reasonable steps to locate and notify in writing the owner or person in charge of the property of the fact of the accident and of the following:(a) the name and address of the driver, operator or other person in charge of the vehicle;(b) the name and address of the registered owner;(c) the licence number of the vehicle....
I awarded the plaintiff these damages for personal injuries she suffered in a motor vehicle accident; Cikojevik v. Timm, 2010 BCSC 800:§ Non pecuniary damages, net of mitigation $152,000.00§ Past loss of income $2,000.00§ Delayed entry into work force $55,000.00§ Loss of work capacity $1,000,000.00§ Special damages $20,726.16§ Special damages in trust $5,000.00§ Cost of future care $251,525.00§ Total $1,486,287.16§ Plus court order interest by consent $1,828.69§ Total $1,488,115.85...
Although I heard the trial of matter in January and February 2010, and gave judgment June 8, 2010, further hearings on collateral matters then ensured, most recently on April 4 and 5, 2012 and now, another day of hearings remains. At the several hearings following judgment, I have heard submissions on the following matters:a) assessment of what benefits should be deducted from the plaintiffs judgment, pursuant, s. 83(5) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231 [Act];b) calculation of fees for financial management of the cost of care award;c) whether any allowance also should be made for additional fees that the trustee of the plaintiffs estate would charge; andd) what amounts should be awarded for gross up of the cost of care award....
- [16] II. INJURIES FOLLOWING THE OCTOBER 28, 2003 ACCIDENT [17] - [35] A. Housekeeping [24] - [24] B. Work and Educational Activities [25] - [35] III. INJURIES FOLLOWING THE MAY 31, 2008 ACCIDENT [36] - [49] A. Housekeeping [45] - [45] B. Other developments since the second accident [46] - [49] IV. POSITION OF THE PARTIES [50] - [92] A. The Plaintiff [50] - [64] B. The Defendants [65] - [92] V. DISCUSSION AND FINDINGS [93] - [109] VI. COSTS [110] - [110] I. Background[1] The plaintiff, Alicja Gron, claims damages relating to two motor vehicle accidents. The defendants admitted liability. The first accident occurred on October 28, 2003, the second one on May 31, 2008. The plaintiff was 39 at the date of the first accident, 44 at the time of the second accident, and 48 at the time of February 2012 trial. Over eight years have passed since the date of the first accident....
The defendant, Canwest Shows Inc. (Canwest), organizes trade exhibitions of various kinds, one of them a trade show called the Naughty but Nice Sex Show (the Show), which is presented annually at the Vancouver Convention and Exhibition Centre (VCEC). In 2007, the Show took place between January 11 and January 14, 2007....
Mr. Dobre, the twenty-year-old plaintiff, was injured in a car-bicycle accident on July 14, 2008. His most serious injury was a right thumb Bennett fracture. This involves a fracture of the base of the thumb where it joins the wrist joint. It was an intra-articular fracture, which means the breakage involved the joint surfaces. This injury continues to cause him problems. He suffered some other injuries as well. He quickly recovered from his scrapes and bruises but continues to suffer neck and upper back symptoms that the defendant says are unrelated to the accident....
The parties brought cross-applications....
The accused was convicted in British Columbia Provincial Court on February 5, 2010, of wilfully obstructing a peace officer, Constable Beare, in the execution of that peace officers duty, contrary to s. 129(a) of the Criminal Code, R.S.C. 1985, Chap. C-46....