The plaintiff Mr. Maldonado being of Hispanic extraction, he follows the convention of his maternal surname being placed last sustained a significant back injury in a rear-end collision on August 26, 2009. Liability is admitted. In issue at trial are pecuniary and non-pecuniary damages including loss of earning capacity and cost of future care.EvidenceBackground...
The defendants seek dismissal of this action by way of the summary trial rule, Rule 9-7, or alternatively by means of summary judgment, under Rule 9-6, or by reason of want of prosecution. The defendants further seek an order that both the plaintiff Robert Semenoff (Robert) as executor of the Estate of Bill Semenoff, and the Estate be declared vexatious litigants....
THE COURT: These reasons for judgment are being presented orally, and in the event a transcript of the reasons is ordered, I am reserving without limitation my right to edit same, not only as to matters of grammar and syntax but also where I judge it necessary or desirable to elaborate upon or amplify what I am about to say. Needless to say nothing will change the result....
The plaintiff Harjot Khosa, a now 38 year-old licenced practical nurse, wife and mother of two children, was involved in a significant motor vehicle accident on February 5, 2009. Liability is admitted. Ms. Khosa alleges that she continues to suffer physical and psychological injuries, and brings this action for damages.Background...
THE COURT: This trial concerns liability for a motor vehicle accident that occurred on July 11, 2008....
A trial assessing damages arising out of two motor vehicle accidents proceeded before a jury over the course of thirteen days in August 2011....
When a passenger in a motor vehicle intentionally interferes with the vehicle driver, is the passenger using or operating the motor vehicle such that his or her actions are covered by motor vehicle third party liability insurance?...
THE COURT: The plaintiff seeks a determination of liability for injuries sustained in a vehicle collision which occurred on June 5, 2010 at the intersection of 198th Street and 21st Avenue in Langley, B.C. Liability was severed from damages by way of a consent order pronounced by Master MacNaughton dated October 15, 2103....
This is an assessment of damages arising out of a motor vehicle accident which occurred on September 5, 2008. The plaintiff, Carol De Villiers, was then a 39 year-old wife and mother of two teenage boys. She alleges that as a result of this rear-end collision she now suffers chronic severe low back pain, controlled with the continuous use of narcotic pain patches. She claims general and special damages, past loss of income, loss of future earning capacity....
THE COURT: The plaintiff applies for a declaration that Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996, O. Reg. 403/96, s. 57(1.1) (the Regulation) does not apply to his application for benefits under an insurance policy issued in Ontario to the parents of the plaintiff by the defendant Western Assurance Company (the Western Policy)....