09 Jan Azuma-Dao v. MKA Leasing Ltd.

             The plaintiff, 28 years old, was injured in a rear-end collision on September 24, 2008.  Liability is admitted.  She seeks damages for non-pecuniary loss, past and future wage loss, cost of future care, and special damages.EVIDENCE...

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08 Jan Piper v. Hassan

             The plaintiff, Stephen Grant Piper, claims damages for personal injuries sustained in a motor vehicle accident which occurred on August 31, 2006 at the intersection of 64th Avenue and 140th Street, in Surrey, British Columbia.  The plaintiff, who was driving a small Mazda car, had stopped at the intersection when he was struck from behind by a three-quarter ton cargo van operated by the defendant. ...

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05 Jan Loeppky v. Insurance Corporation of British Columbia

             The plaintiff, Mr. Loeppky, was injured in a motor vehicle accident on December 23, 2007. At that time, he was working as a police constable, and was a passenger in a police car stopped at the intersection of Lougheed Highway and Madison Avenue in Burnaby, B.C. The police car was struck in the rear by a vehicle which neither the police nor Mr. Loeppky have been able to identify. As a result, Mr. Loeppky sued the Insurance Corporation of British Columbia as nominal defendant under the “hit and run” provisions of s. 24 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231....

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23 Dec Wood Atkinson v. Murphy

             The plaintiff seeks an order for special costs of the defendants’ application to dismiss the plaintiff’s claim, including special costs of today’s application.  The plaintiff submits the defendants had no proper foundation to make such a “manifestly deficient” application that was designed to punish the plaintiff for errors that were the responsibility of her employer. The plaintiff says the conduct of the defendants is aggravated by the fact liability has been admitted, and a dismissal of the action would have denied the plaintiff damages to which she is entitled....

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22 Dec Shinkaruk v. Crouch

           The plaintiff was injured in a motor vehicle accident on August 31, 2006. I have concluded that the greater portion of fault rests with the defendant. I have also found that the plaintiff suffered a period of disability of approximately five months’ duration, following which he continued to have minimal residual symptoms attributable to the accident. However, I have found that the majority of his complaints since the end of his period of disability, and moving forward into the future, are and will be attributable not to the subject accident, but to a longstanding pre-existing back condition and to other independent factors for which the defendant bears no liability.Circumstances of Accident and Liability...

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16 Dec Kumant v. Pommier

             Rolf Reiner Kumant (“Mr. Kumant”) was injured in a motor vehicle accident. Liability is admitted. This is an assessment of his damages.I.        BACKGROUND...

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16 Dec Polianskaia v. Melanson

             The plaintiff applicant seeks an order that:1-1.      The Victoria Police Department, (hereafter referred to as the "Police") shall, within 7 days of an Order made in these proceedings being served upon the Police, provide to the Plaintiff by delivery to the Plaintiff’s lawyer at 103 - 832 Fisgard Street, Victoria, B.C. V8W 1S1 one copy of all records including copies of Informations or Indictments, Violation Tickets, Offence Notices, Traffic Tickets, investigative reports and notes, reports to Crown Counsel, statements, tape recordings, video recordings, copies of Officers’ notes and photographs in the form in which they were originally made (that is if originally made in digital form, then to be produced in digital form and if originally made as film, then to be produced as film) pertaining to investigations made by the Police in respect of investigations concerning the motor vehicle crash that occurred on May 11. 2011 at the intersection of Hillside Avenue and Bridge Street, Victoria. BC, and more particularly, police file 2011-16399; and1-2.      The Insurance Corporation of British Columbia produce one copy of any and all statements. written or oral, given by the Plaintiff or by Elvira Polianskaia or Vladimir Polianski to any adjuster in connection with the motor vehicle crash that occurred on May 11. 2011 at the intersection of Hillside Avenue and Bridge Street. Victoria, BC;1-3.      THAT at such time as the Police and the parties' lawyers agree on, the Police shall produce the originals of all documents covered by this Order in their possession, custody, or control, for inspection by those lawyers and on written request by any party or their lawyer for records shall provide one copy of any such record to the requesting lawyer for which a copy has not already been provided;1-4.      THAT within 14 days after the Plaintiff’s lawyer receives the copies of the records ordered produced herein he shall provide a copy of all such documents to the Defendant or Defendant's lawyer;1-5.      THAT after production the...

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16 Dec Campbell v. McDougall

             THE COURT:  The plaintiff, Ms. Campbell, was involved in two motor vehicle accidents, one in 2006 and the other in 2008. She has commenced legal actions seeking damages against the drivers of the other vehicles and the trials of those actions are set to be heard jointly, commencing on 6 February 2012 for 25 days....

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