THE COURT: Janice Zawislak suffered injuries in a motor vehicle accident on January 14, 2009. Liability is not in issue and the defendants admit that Ms. Zawislak was injured in the accident. The defendants agree with the past wage loss being claimed; however, they submit that Ms. Zawislak is exaggerating the nature, extent and duration of the injuries she suffered in the motor vehicle accident....
Following a 14-day trial, Justice Rice, in reasons indexed at 2010 BCSC 1211, awarded the plaintiff damages totalling $433,103.63....
On a rainy Vancouver night in March 2007, the plaintiff Thomas Milburn, while stopped at a traffic light on his motorcycle, was struck from behind by a motor vehicle driven by the defendant, Patrick Ernst....
This is an application by the Municipality of Surrey (Surrey) to dismiss the claims of Mr. Chase for theft, malicious prosecution, harassment, abuse of power (by which I assume he means the tort of abuse of process), and an alleged breach of Mr. Chases section 2(b) Charter rights with respect to his right to freedom of expression....
At approximately 5 p.m. on July 27, 2008, Mr. Jarmsons motorcycle collided with the defendants car on Highway 6 near Edgewood, B.C., seriously injuring Mr. Jarmson and his passenger, his 15 year old daughter, Lindsay. This action concerns only Mr. Jarmsons claims....
On Friday, November 7, 2008, between 4:00 p.m. and 4:30 p.m., the plaintiff, Brent Cameron, was driving his motor vehicle, a mid-size sedan. He had just completed his work week. He was travelling east on to Imperial Way in Burnaby, British Columbia, when the vehicle in front of him stopped abruptly. He was able to stop his vehicle. Looking in his rear-view mirror, he noticed the vehicle behind him travelling towards him. Mr. Cameron braced himself as he believed that the vehicle would not stop. The vehicle behind him, owned by the defendant, Fong Hsu, and driven by the defendant, Yun Lo, struck the rear of Mr. Camerons vehicle. As a result, Mr. Camerons vehicle was pushed forward, striking the rear of the vehicle in front of him. The second collision sent Mr. Cameron back into his seat. At the time of the collision, Mr. Cameron was wearing his seatbelt....
This action arises out of a motor vehicle accident that occurred on July 30, 2007 at the intersection of Jellicoe Street and S.E. Marine Drive in Vancouver. The accident occurred when the plaintiff, Brenda Yamakami, who was proceeding westbound on S. E. Marine Drive, turned left off Marine Drive to proceed south on Jellicoe Street. As the plaintiff was 90 degrees into her turn, and about halfway across the three oncoming eastbound lanes, she was T-boned by an eastbound vehicle driven by the defendant, Walter Whittey, and owned by Mr. Whitteys employer, the corporate defendant Accent Leasing & Sales Limited. It is agreed that if the defendant, Walter Whittey, is found to have been operating his vehicle in a negligent manner at the time of the accident, Accent Leasing & Sales Limited is vicariously liable for that conduct both as his employer and pursuant to s. 86 of the Motor Vehicle Act, R.S.B.C. 1996, c.318 (MVA)....
The parties to this litigation, which has a history originating in a motor vehicle incident in Burnaby, British Columbia, some 12 years ago on January 31, 2000, bring three chambers motions as follows:1) The defendants seek an order pursuant to Rule 8-1(4) of the Supreme Court Civil Rules (the Civil Rules) extending the time for them to respond to the plaintiffs August 26, 2011 notice to admit, or that the notice to admit be set aside, or alternatively that any deemed admissions arising from the notice to admit be replaced with the admissions made in the defendants reply drafted to respond to the notice to admit;2) Plaintiff s counsel seeks an order for leave to cross-examine defence counsel, Michael Thomas, on his affidavits explaining the circumstances leading to his failure to file a reply to the plaintiffs notice to admit within the 14 days permitted by Rule 7-7(2) of the Civil Rules; and3) The defendants seek an order dismissing the plaintiffs action for want of prosecution pursuant to Rule 22-7(7) of the Civil Rules....
This trial concerns a motor vehicle collision that occurred November 9, 2005 at the intersection of Canada Way and Burris Street (the intersection) in Burnaby, B.C. Mr. McPherson is claiming damages for injuries suffered in the accident. This trial was restricted to the determination of which party was liable for his loss....
The plaintiff, Sherry Parker (now Sherry Nash) (Ms. Nash), claims damages arising out of two motor vehicle accidents which occurred December 19, 2008 and January 9, 2009 in Nanaimo, B.C. The defendants in both collisions admit liability. There is no allegation of contributory negligence....