This action concerns a dispute between neighbouring property owners in North Vancouver over encroachments resulting from a stairway, deck and septic tank attached to the plaintiffs house but built on the defendants land. The plaintiffs septic tank encroaches by .75 m over the defendant Bartletts land. The plaintiffs stairway and deck area to the side of his house encroached about three feet on the defendant Bartletts property....
The infant plaintiff was sexually assaulted by the adult defendant while the plaintiff was in and near the residence of the defendant and his wife playing with his son. He pled guilty to criminal charges of sexual assault and was sentenced. The issue in these proceedings is the assessment of damages flowing from eight incidents of sexual assault....
The defendant, Mr. Zakharia, is a personal trainer. Using the internet, Mr. Zakharia, has malevolently attacked the plaintiffs, British Columbia Recreation and Parks Association (BCRPA) and Mrs. Strutt, defaming each of them by accusing them of extorting money from him, bullying him, and otherwise victimizing him. None of the attacks had a skerrick of truth....
This is a summary trial application brought pursuant to Rule 9-7 of the Supreme Court Civil Rules, BC Reg, 168/2009 (the Rules) on behalf of certain defendants in this action who seek the dismissal of the plaintiffs claims against them. Brenlee Kemp (the Plaintiff) is suing the Vancouver Coastal Health Authority Ltd. (VCHA) and various medical doctors in relation to her mother, Shannon Kemps care and death in the Emergency Department of the Vancouver General Hospital (VGH) on June 28, 2007. Shannon Kemp was 88 years old and had been directed to go to the Emergency Department by an internal medicine specialist to whom she had been referred by her family doctor due to a decline in her health. There, Shannon Kemps condition deteriorated further until she died after efforts to resuscitate her failed....
The plaintiff, Dennis Provencher, seeks damages in relation to an incident that occurred in the early morning hours of March 17, 2006. The plaintiff alleges that he was assaulted by the defendant, Paul Eigeldinger, in the emergency room area at St. Pauls Hospital (the Incident). Mr. Eigeldinger is employed as a security guard by Paladin Security Group Ltd. (Paladin)....
In this action, the plaintiff, Dr. Robert Wright, asserts he is entitled to income replacement benefits under a group policy of insurance (the Policy) between the defendant The Prudential Group Assurance Company of England (Canada) (Prudential) and the Canadian Dental Association. Dr. Wright asserts that his entitlement to benefits arises as a result of injuries he suffered in an accident (the Accident) while he was skiing on December 18, 1993. Dr. Wright says these injuries rendered him first, residually disabled, and then totally disabled from carrying on his occupation practising dentistry as a general practitioner. The benefits to which Dr. Wright says he is entitled exceed $1.5 million. He seeks judgment for what he claims are the unpaid benefits, as well as aggravated damages and other relief....
This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A. THE CLAIM2. This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3. Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4. The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5. The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6. The claim for aggravated damages took into account the nature of Osachoffs conduct and express lack of remorse.B. THE ACTION7. This action was commenced on January 14, 2011.8. The trial was initially set for hearing for November 19, 2012.9. On May 14, 2012, the plaintiff applied to adjourn the trial to enable him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10. The trial was rescheduled to commence on June 9, 2014.11. The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C. CURTIS HAMPTON12. The plaintiff was 20...
The plaintiffs claim is against her parents, William and Joan Antrobus, and her uncle, Herman Antrobus and his common-law wife Shirley Antrobus. She commenced her action on September 26, 2007....
The plaintiff applied for a summary trial of the issues in this defamation action, pursuant to Rule 9-7 (2) of the Supreme Court Civil Rules. The defendant did not challenge the suitability of the matter for a summary trial. As the following summary of the facts will reveal, the only remaining issue at the conclusion of the hearing was the assessment of damages. The plaintiff seeks general damages, aggravated damages, punitive damages and special costs.Factual Background...
The plaintiff, Amanda Ladas, seeks certification of a class proceeding against the defendant, Apple Inc., in relation to mobile communication and media devices that use an operating system described as iOS4. The devices in issue are the iPhone 4, iPad, iPod, iPhone 3G and iPhone 3GS. I will refer to these as the iDevices. The plaintiffs claims concern the Location Services capabilities of iDevices using the iOS4 operating system. ...