The parties were granted leave to make additional submissions on the impact of the PharmaCare program on damages for future medication costs. In separate reasons, judgment was varied in paras. 324 and 325 so that damages for future medication costs are not reduced to account for the existence of PharmaCare coverage....
Mr. Bhadlawala works for Zellers as a home entertainment department salesperson. He claims damages for injuries suffered in two accidents, one in 2006 and one in 2008. The 2006 accident occurred when the defendant in the first action, Mr. Baxter, reversed his car and struck the front of Mr. Bhadlawalas vehicle. The 2008 accident occurred when Mr. Bhadlawala followed a shoplifter into the parking lot, and was struck by the escaping vehicle. Both claims were heard at the same five-day trial....
The plaintiff, Ying Yu Andy Sun, brings an application for summary trial pursuant to Rule 9-7 of the B.C. Rules of Court for an assessment of damages sustained in a motor vehicle accident. The collision occurred on October 31, 2009 in Vancouver B.C. On that Halloween evening at 8:20 p.m. the plaintiff was travelling westbound in the left lane of two westward lanes on 49th Avenue. He was driving his 2001, BMW 325i, four door sedan. He had stopped at the intersection of 49th Avenue and Tyne Street. The light was green and the plaintiff had stopped waiting to turn left. The vehicle driven by the defendant Valentyna Grygorivna Sukhan then rear-ended the plaintiffs motor vehicle. Liability for the accident has been admitted by all of the defendants. As a consequence of the accident, the plaintiff claims injuries were sustained to his neck, back, left arm and left leg.2. Summary Trial Appropriateness...
This is an application by the defendants and third parties, Mr. Weaver and Mr. Jones, for production of statements they provided to an investigator employed by Mr. Cliff, including any drafts of the statement, the audio recording of the statement given during an interview, and any transcript of the audio taped interview. The remaining defendants and third parties consent to the order sought. Mr. Cliff opposes the order sought on the ground that the statements are protected by litigation privilege....
This judgment concerns an appeal from a decision of Master Baker dismissing the defendants application for the delivery of the plaintiffs Medical Service Plan (MSP) Claim History Report by the Ministry of Health....
The defendant applies pursuant to Rule 12-6 to strike the plaintiffs jury notice. The principal basis for the application is the issues are said to be more intricate or complex than is appropriate for a jury trial....
THE COURT: Ms. Lee is a homemaker who lives with her husband and two children. The children are eight and six years of age....
THE COURT: I am going to give judgment this morning. I do not find it necessary after considering the matter to await what is to be revealed in the subsequent applications scheduled before me. My judgment is as follows....
On June 6, 2005, when the plaintiff, Alexander Gilbert was 13 years of age, he was riding his bicycle in and near the driveway of his home outside of Nanaimo, in a rural area called Cedar, B.C. Unfortunately, the young cyclist was struck by the van driven by the defendant. Currently, the issue of liability has yet to be determined by the court, although the defendant, through his insurer, ICBC, has denied liability for the accident and subsequent injuries suffered by the young man as a result of the accident. In fact, the defendant alleges that the young plaintiff rode his bicycle out of his driveway without stopping and right into the path of the defendants van....
THE COURT: Introduction...