25 Mar Pan v. Shihundu

             This is a claim for damages arising from two motor vehicle accidents. Liability for both accidents was admitted on the morning of trial. At issue are the injuries sustained by the plaintiff, the effect and extent of the plaintiff’s pre-existing condition, the cause of his current injuries and what entitlement the plaintiff has to damages for non-pecuniary loss, future loss of earning capacity, future care costs, special damages and accelerated depreciation respecting his vehicle. No claim is advanced for past wage loss.The Accidents...

Read More

06 Sep Rezaei v. Leland

             This is a trial relating to damages only, liability having been determined separately before Mr. Justice Myers in March 2011. The defendant was held liable for the accident.The Accident...

Read More

27 May C.D. v. Canada (Attorney General)

             The plaintiff has commenced two actions in negligence against social workers and Royal Canadian Mounted Police (“RCMP”) officers relating to an investigation of allegations of sexual assault against her....

Read More

27 May Fidler v. Burns Lake (Village)

             The plaintiff’s claim is against the Corporation of the Village of Burns Lake (“Burns Lake”) and five members of the Royal Canadian Mounted Police (“RCMP”)....

Read More

08 Feb Wan v. Smith Estate

             In this fast track personal injury claim the plaintiff applies for an order for “directions and/or settlement of the plaintiff's costs”.  The action is subject to rule 15-1 of the Supreme Court Civil Rules.Background...

Read More

31 Jul Foubert v. Song

             On May 28, 2007 the plaintiff was driving her older model Volvo from downtown Vancouver, British Columbia to her home in Point Grey over the Burrard Street Bridge. Without warning she found herself struggling to control her vehicle after it was struck by the defendant’s Mazda RX8 seen by others immediately prior to the accident weaving in and out of traffic at a high rate of speed. The photographs of the vehicles reveal extensive damage to the Mazda and damage to the front end of the Volvo. The Volvo was written off....

Read More

30 Nov Haughian v. Jiwa

             At issue is who bears responsibility for this motor vehicle accident.  The defendant seeks a summary determination of liability and dismissal of the plaintiff’s claim....

Read More

13 May Spencer v. Popham

             Melanie Spencer commenced her action in Supreme Court but then settled her claim for an amount within the Small Claim Court’s jurisdiction. Nevertheless, is she entitled to costs in this Court? Was there “sufficient reason” for her to commence the claim in Supreme Court?Background...

Read More

13 May Spencer v. Horton

             As in Spencer v. Popham, 2010 BCSC 683, released concurrently with this decision (Victoria 09-2313), Melanie Spencer commenced her action in Supreme Court but settled her claim for an amount within the Small Claims Court’s jurisdiction. Nevertheless, is she entitled to costs in this Court? The test is whether there was “sufficient reason” for her to commence the claim in Supreme Court.Background...

Read More