THE COURT: The defendants make a number of applications, including number 3, as follows:The plaintiff directly provide or authorize production to the defendants within 14 days of this hearing a copy of all WorkSafe BC policies held by him personally or by Gardens Dunn pertaining to his WorkSafe BC insurance coverage as of the date of October 16, 2013....
The plaintiff, Judith Katherine Hill, was in a very bad car accident on October 26, 2009. At trial, the defendants, Gerald Murray and Hilltop Greenhouses Ltd., disputed liability; challenged the underpinnings for some of the most significant medical diagnoses and prognoses that Ms. Hill received; disputed causation; and finally, quantified her losses much lower than she did. Within those broad issues are many discrete issues which I will identify as I address them in my reasons.Liability...
In April 2008, Glen Mazu and Tralee Mazu permitted their daughter, Brianne, to host a Bring Your Own Bottle (BYOB) party on their property to celebrate her 19th birthday. Unfortunately, one of the invited guests, then 18½ year old Dallas Parker Smithson, became very drunk; eventually left the property; drove away in a vehicle; and shortly afterwards, was involved in a collision with a taxi, in which the plaintiff, Jeremy Lutter, was a passenger....
Arising out of the settlement of the infant plaintiffs tort claim, her lawyers, Acheson Whitley Sweeney Foley (the law firm), seek court approval of their fees. At a separate hearing on April 16, 2012, I approved the settlement of the infants claims for $13,000,000. However, I bifurcated the process insofar as legal fees are concerned and directed a separate hearing on June 29, 2012. Counsel for the law firm and for the Public Guardian and Trustee (PGT) participated in the hearing and, at its conclusion, I reserved judgment. These are my reasons for judgment....
The plaintiff, Connie Burton, sues the defendant, Insurance Corporation of British Columbia (ICBC), pursuant to s. 24 of the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231 (the Act), as a nominal defendant, arising out of an alleged hit and run accident that occurred in Duncan, B.C., on December 1, 2008. Mrs. Burton had stopped at a stop sign waiting to turn right and join southbound traffic on the Trans Canada Highway (TCH) when an unidentified vehicle hit the Burton vehicle from behind and, shortly after, left the scene....
THE COURT: This proceeding involves tort claims against the alleged assailants of an infant, E.B., while in foster care as well as against the Provincial Director of Child Welfare (the Director) and the provincial Crown (the ministry). E.B. apparently suffered a severe traumatic brain injury as a result of the alleged assault and requires an extremely high level of care at all times....
Darren More, now age 23, suffered a devastating brain injury playing organized ice hockey when he was 17. His accident occurred during a game on November 11, 2004, while he was playing for the Juan de Fuca Orcas, a AAA Midget team, at the Archie Browning Arena, a municipally owned rink in Esquimalt. Sucha More and Cindy More are respectively the father and mother of Darren....
Dr. Stalnaker has a Ph.D. in theoretical and applied mechanics. Through much of his lengthy career, he has worked in the branch field of biomechanics. He also has practical experience in standards development for certification purposes although not specifically with regard to hockey helmet standards. Biomechanics involves the study of body kinematics ‑ the forces applied to biological tissue and the injuries that can result. The plaintiffs sought to qualify Dr. Stalnaker as an expert in biomechanics and the biomechanics of safety standards....
On July 7, 2009, the plaintiff, Ms. Sullivan, who is a slight elderly woman, tripped on the exposed edge of a section of sidewalk in James Bay, Victoria, and fell. She suffered minor injuries from which she recovered within a week or so. Ms. Sullivan claims damages for pain and suffering against the defendant, City of Victoria (the City)....
Generally at issue in a contested liability motor vehicle accident claim are cross-applications under R. 26(11) of the Rules of Court to compel non-parties to produce documents in their possession or control. Entitlement to an order is at issue in some cases but more particularly at issue is whether the various orders should be in Halliday or Jones format....