16 Feb Balaj v. Xiaogang

             Because of the very limited time available in chambers on the day I heard the application, November 15, 2011, I advised the parties I would reserve for supplementary reasons and editing. These are my supplementary reasons....

Read More

14 Feb Dhindsa (Re)

             The applicant applies for an order directing the Officer in Charge of the Surrey detachment of the Royal Canadian Mounted Police (the “Surrey RCMP”) to produce the written results of an investigation into a hit and run collision on June 1, 2010. The facts set out in the notice of application indicate that Mr. Dhindsa was injured as a result of being struck by a vehicle driven by an unknown driver, who then left the scene....

Read More

14 Feb McIlvenna v. Viebig

             In September 1995, the plaintiff, a small boy riding his bicycle, was injured in a collision with a motor vehicle driven by the defendant.  The collision occurred at or near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall (which I will refer to as the north-south road) intersects with a road now called Library Road.  The plaintiff was making a left turn.  The trial was only concerned with the question of liability, as the issue of damages was severed by order of the Court. ...

Read More

10 Feb Daitol v. Chan

             The plaintiff, Minveluz Daitol, was injured in a car accident on July 1, 2007.  She was driving a 4-door sedan owned by her friend, Melanie Agostinho (a named defendant) who was a passenger in the car.  Suddenly, they were struck by a car driven by the defendant, Adrian Chan.  The accident occurred in the early morning hours, when Mr. Chan dozed off while driving and allowed his car to drift into the oncoming lane of traffic in which Ms. Daitol was driving. ...

Read More

09 Feb Yeung v. Dowbiggin

             Ms. Yeung, now 28 years old, seeks damages for personal injuries suffered in four motor vehicle accidents which occurred on April 18, 2008, April 14, 2009, May 29, 2010, and July 14, 2011.  Each accident was a rear end collision (minor in terms of vehicle damage) and liability is admitted on all four.  The court is not asked to apportion damages among the four accidents....

Read More

08 Feb Hussain v. Cho

             On August 24, 2008, Khairun Hussain, the plaintiff, was riding as a passenger in the front seat of a Honda Civic driven by her daughter, Rana, which was travelling westbound on Kingsway in Vancouver and came to a stop at the intersection of Kingsway and Beatrice Street. Without warning, the Honda Civic was “rear-ended” by a vehicle owned by the defendant, Young Hee Cho, and driven by the defendant Ana Kyunghyun. The cost of repairing damage to the Honda Civic amounted to approximately $2,800. Following the accident, the plaintiff got out of the vehicle under her own power, comforted her daughter and eventually returned to the vehicle before she and Rana continued on their way. Emergency vehicles did not attend the accident, nor were they requested. Liability for the accident is admitted by the defendants....

Read More

08 Feb Hammond v. Meeker

             Christina Marie Hammond claims damages for injuries she suffered in a motor vehicle accident February 9, 2008.  The defendant has admitted liability for the collision....

Read More

08 Feb Lim v. Anderson

             THE COURT:  The 42-year-old plaintiff, Lolah Lim, was injured in a car accident four years ago. The defendants admit liability for the accident but dispute the extent and duration of the plaintiff’s injuries and the amount of damages, in particular Ms. Lim’s claim for loss of future earning capacity.BACKGROUND...

Read More

07 Feb Courtney v. Hutchinson

              Introduction[1]             This action relates to a motor vehicle accident that occurred on November 11, 2008, in Port Alberni, British Columbia. The plaintiff was rear ended by the defendant’s vehicle when he was stopped at a three-way intersection on 3rd Avenue and Bute Street.Issues...

Read More