29 Feb Truong v. Marples

             The application before me seeks a declaration that the parties entered into a full and final binding settlement of a motor vehicle accident claim on or about March 4, 2010. ...

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29 Feb Eng v. Titov

             On April  2, 2009, the car driven by the plaintiff Gary Eng was rear-ended by the defendant’s vehicle.  Mr. Eng had exited Highway 1 and was stopped at a yield sign waiting for the traffic to clear so that he could proceed on Gaglardi Way.  He had turned to look for a break in traffic when he was unexpectedly struck from behind.  His car was moved some feet forward.  There was approximately $12,000 in damage done to his 2002 Honda Accord vehicle.  Mr. Eng was dizzy and in shock at the scene. Two or three days later, he began to experience physical symptoms − headaches, a stiff neck and shoulders which restricted his range of motion, and periodic bouts of intense low back ache.  He had chest pain, probably from the seatbelt, which resolved in a short time. He had pain in his right knee for about six months which made it harder to walk and was painful to touch.   He had difficulty sleeping for the first year because of the headaches and experienced a mood disorder....

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29 Feb Prempeh v. Boisvert

             On November 24, 2007, the plaintiff Margaret Prempeh (also known as Margaret Ekye) sustained injuries when she fell while onboard a transit bus in Vancouver. When the bus stopped suddenly the plaintiff was propelled forward to the floor at the front of the bus from her standing position by the rear door. It is uncontentious that the plaintiff sustained injuries in the fall and that her primary injuries were to her lower back and right wrist....

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28 Feb Morgan v. BC Transit

             THE COURT: This is my decision which was on costs, which was reserved to today's date. The portions of the defendants' application that remain to be decided relate to costs, first, with respect to an application for costs thrown away for an examination for discovery for which there was an appointment taken out for December 15, 2011, that the plaintiff did not attend; and second, costs in respect of this application. The plaintiff, the application respondent, seeks dismissal of the application with special costs....

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24 Feb Cliff v. Dahl

             Ms. Dahl applies to strike the jury notice filed by the plaintiff, Mr. Cliff. The defendants, apart from Mr. Snelgrove and Aggressive Auto Towing Ltd., support her application. Mr. Weaver’s counsel and Ms. Dahl’s counsel both made submissions to the court. For simplicity, I will refer to Ms. Dahl’s argument as presented for both parties but treat this proceeding as a joint application by these parties. Mr. Snelgrove and Aggressive Auto Towing Ltd. take no position with respect to the application. Mr. Cliff opposes the application on its merits and due to the delay in bringing on the application and giving notice thereof. Mr. Cliff was involved in a second motor vehicle accident and has commenced Action No. M114364 against Mr. Holmes. The parties agreed that these two actions will be heard at the same time. Mr. Holmes supports the application to strike the jury notice....

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23 Feb Peers v. Bodkin Leasing Corporation

           Mr. Peers was injured in a motor vehicle accident on February 11, 2009, when he was driving home from work near Gibsons, B.C. on Highway #101.  His vehicle, which was stopped at a red light at an intersection, was struck from the rear.  The impact sent his vehicle half way across the intersection.  Liability is admitted.Background...

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22 Feb Hou v. McMath

             This is a personal injury claim brought by the plaintiff for damages she allegedly suffered as a result of a motor vehicle accident on April 17, 2010....

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22 Feb Dulay v. Lachance

             The plaintiff, Rampaul Dulay, claims against the defendant, Octave Lachance, for injuries he sustained as a result of a motor vehicle accident which occurred at 8:30 a.m. on October 25, 2007, in Kamloops, British Columbia. Mr. Dulay was travelling southbound on 4th Avenue in his 2007 grey Toyota Corolla motor vehicle and had entered the intersection of 4th Avenue and Battle Street when he was struck broadside by the defendant’s blue 2005 Chevrolet two-door coupe. Mr. Dulay, 52 years old at the time of the accident, was 57 years of age at the time of the trial. He is married and has three adult children with his youngest 20-year-old boy still living at home and attending Thompson Rivers University.2.     Issues...

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