29 Jul Biedermann v. Insurance Corporation of British Columbia

             The plaintiff seeks an order that:1. That the Defendant provide further and better particulars of the Defendant’s allegation that the Plaintiff “made a willfully [sic] false statement or representation with respect to a claim” as set forth at Part 3, paragraph 1(a) of the Defendant’s Response to Civil Claim....

Read More

28 Jul D.S. v. L.F.

             THE COURT:  The applications before me relate to two girls. The younger is 10 years old and the older girl is nearly 13 years old. I am going to refer to them together as "the girls." The mother of the girls passed away in May 2009 at the age of 29. The claimants are the maternal grandparents of the girls. The first respondent, L.F., is the father of the girls. J.W. is the executrix of the estate of the girls' mother and was appointed guardian of the girls under that will. At the time the mother passed away, she had sole custody of the girls. The applications are for interim orders regarding custody and guardianship and access....

Read More

28 Jul Caballero v. OCallaghan

             This is a disqualification application. The defendant Timothy Wayne Wells applies for:1)    a declaration that Slater Vecchio is ineligible to continue to act as lawyer for the plaintiff;2)    an order removing Slater Vecchio as lawyer for the plaintiff, or in the alternative, restraining Slater Vecchio from continuing to act as lawyer for the plaintiff; and3)    an order enjoining Slater Vecchio and its members from disclosing any confidential communication, information or document obtained by any of the them from the defendant, Timothy Wells....

Read More

27 Jul Olianka v. Spagnol

             The plaintiff, Vladimir Olianka, seeks damages resulting from injuries he suffered on October 20, 2008 when the vehicle he was driving was struck from behind by a vehicle driven by the defendant, Mary Spagnol. Mr. Olianka had stopped his vehicle at the intersection of King Edward Avenue and Valley Drive in Vancouver where the October 20, 2008 collision (the “collision”) occurred, the impact pushing Mr. Olianka’s vehicle into the vehicle stopped in front of him. Mr. Olianka was accompanied by his young son Yuma who occupied the front passenger seat when the collision occurred. The defendant admits liability for the collision and the purpose of this summary trial, which I find appropriate in the circumstances, is to determine the quantum of Mr. Olianka’s damages....

Read More

26 Jul Axten v. Johnson

             This appeal arises out of a judgment on a dispute as to costs, handed down by Master Keighley on February 14, 2011.  Reasons for judgment below are indexed at Johnson v. Axten, 2011 BCSC 178 [Johnson]....

Read More

21 Jul De Sousa v. Bradaric and Borthwick

           THE COURT:  This is an application by the defence in proceedings relating to a motor vehicle accident which occurred in October of 2003, the consequence of which Ms. De Sousa says she was injured and suffered a variety of injuries, including soft tissue, but most, I think, compelling and entirely the focus of this application are psychiatric consequences....

Read More

19 Jul Lorenz v. Gosling

           THE COURT:  The plaintiff, Mrs. Dyana Lorenz, was injured in a motor vehicle accident that took place July 7, 2008.  Liability for the accident is admitted on the part of the defendants.  The trial proceeded as an assessment of damages.  The only witnesses at trial were Mrs. Lorenz and Drs. Alan Berkman and Stanley Leete.Background...

Read More

18 Jul X. v. Y.

             On July 19, 2005, the plaintiff, Mr. X., an RCMP officer, was responding to an emergency call on the Lougheed Highway in Coquitlam. His life changed permanently and materially when his motorcycle collided with a truck driven by one of the defendants, Mr. Y. The truck was owned by Z. Ltd., the other defendant. I will refer to the defendant, Mr. Y., as “the defendant” for the balance of these reasons. As a result of the accident, the plaintiff was seriously injured; he sustained a burst-fracture of his T12 vertebra and underwent fusion surgery. The plaintiff returned to his employment with the RCMP in April 2006. However, he has not returned to front-line police work....

Read More