27 Aug Kam v. Van Keith

            On April 4, 2011, the plaintiff had stopped her car at a red light when she was struck from behind by the defendant. She described the impact as being very hard. She felt that she was hit by the defendant at “full speed” and despite the fact that her foot was on the brake, the car was pushed into the intersection....

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26 Aug Bariesheff v. Bennett

             The plaintiff, on April 29, 2011, was a busy, active, and healthy 18-year-old sitting as the front seat passenger in a 1970 Volkswagen Beetle, when the defendant, in a 2003 Ford Explorer, ran into the front left-hand side of her vehicle. Liability has been admitted. The plaintiff claims she received two injuries from the accident:  she fractured five of her left lower ribs, more particularly the 8th to the 12th rib of the left chest wall, for which the defendant has accepted responsibility. The second alleged injury of consequence was to her lower back at L4/5 and L5/S1. The defendant submits that this latter injury was not caused by the accident.BACKGROUND...

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12 Aug Hay v. Benzer

             On December 15, 2008, the plaintiff, Keira Hay, was struck by a large black truck operated by the defendant, Ernest Benzer, which ran a red light when the plaintiff was crossing the intersection at Harvey Avenue and Burtch Road in Kelowna. She was thrown a foot or foot and a half in the air, she fell on her tailbone and hit her head on the pavement. Liability is admitted. The defendant pled guilty to failure to stop at a red light and failure to render assistance at the scene of an accident.BACKGROUND...

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22 Jul Plishka-Humphreys v. Bolen

             This is an assessment of damages arising out of an assault which took place on July 2, 2004, when the defendant Daniel Robert Bolen repeatedly punched the plaintiff in the head and face. On September 21, 2005, the defendant pled guilty to a charge of aggravated assault and was sentenced to 30 days to be served on weekends plus probation....

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07 Jan Dakin v. Roth

             This is a personal injury claim arising out of three separate motor vehicle accidents in which the plaintiff was a passenger. The position of the defendants is that although liability is admitted, the plaintiff is not a credible witness and has failed to mitigate her damages, and therefore is only entitled to a modest award....

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06 Jul Hokhold v. Gerbrandt

             This is a family law proceeding. The issues are custody, guardianship, access, mobility, determination of income, child support, spousal support and a name change sought for the infant Ella. Throughout these reasons I will refer to the plaintiff Andrew Hokhold as the father and the defendant Laurie Gerbrandt as the mother.BACKGROUND FACTS...

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01 Sep Gendron v. Moffat

             The plaintiff, who is now 58 years of age, is the owner/operator of a janitorial business and was involved in a motor vehicle accident on April 28, 2008. Her motor vehicle was struck by the defendant’s vehicle, hitting the left front side of the plaintiff’s car. Liability is admitted. The plaintiff is claiming non-pecuniary damages, as well as damages for past wage loss, loss of future earning capacity including loss of housekeeping capacity, cost of future care and special damages.Medical Evidence...

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