28 Jun Racy v. Leask

Posted at 00:00h in Motor Vehicle Accident

             This motor vehicle action arises from an accident that occurred sometime after 7:00 p.m. on or about October 18, 2006, on the Yellowhead Highway #16 (“Hwy. #16”) between Prince Rupert and Terrace, B.C., in the vicinity of the entrance to the Kasiks Wilderness Resort and Lodge (the “Kasiks Resort”). The distance between Prince Rupert and Terrace is approximately 150 kilometres. In the area where the accident occurred, Hwy. #16 is a two-lane paved highway with no barrier or median at the centre line. The highway travels through a largely forested and mountainous wilderness area that includes the Skeena River Valley and the Kitimat and Coastal Mountain ranges....

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27 Jun Ryan v. Klakowich

Posted at 00:00h in Motor Vehicle Accident

             This is a claim for damages for personal injuries suffered by the plaintiff, Brenda Ryan, in a motor vehicle accident that occurred on December 2, 2008 (the (“2008 Accident”). The defendants have admitted liability. At issue are the non-pecuniary damages, some of the special damages, the claims for past and future wage loss and the costs of future care....

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27 Jun Chang v. Alcuaz

Posted at 00:00h in Motor Vehicle Accident

             This is an action for damages for personal injuries sustained in a motor vehicle collision which occurred on March 9, 2008.  The parties have agreed to sever liability from quantum.  The matter proceeded on the question of which party was responsible for the collision, or if both were at fault, in what proportions liability ought to be allocated.II...

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24 Jun James v. Gillis

Posted at 00:00h in Motor Vehicle Accident

             This is an action for damages arising out of the death of Secret Sandi James. It is brought pursuant to the Family Compensation Act, R.S.B.C. 1996, c. 126. Secret James died in a motor vehicle accident on August 24, 2006. Liability for the accident was not in issue in this trial. The Defendant was not present or represented. ICBC defended the action pursuant to the provisions of the Insurance (Motor Vehicle) Act, RSBC 1996 c. 231....

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22 Jun Iwanik v. Hayes

Posted at 00:00h in Motor Vehicle Accident

           Ms. Iwanik was injured in a motor vehicle accident in Nelson, B.C. on June 20, 2008. She was driving a 2001 Pontiac Sunfire car when it was struck by a 1997 Chevrolet Blazer owned by the defendant Mr. Campbell and driven by the defendant Ms. Hayes. Ms. Hayes admits that she caused the accident. The assessment of Ms. Iwanik’s damages proceeded to a six day trial....

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17 Jun Sandhu v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

 In December 2001, the plaintiff, Mr. Sandhu, retained Mr. Schroeder to settle his personal injury claim against Mr. Moore and his claim against ICBC for Part VII benefits.  (Previous to that, another lawyer handled these claims, and before seeing Mr. Schroeder, Mr. Sandhu filed a notice of intention to act in person.)  In January 2002, Mr. Schroeder reached a settlement with defence counsel over the telephone. Mr. Sandhu signed a release and consent dismissal order.  In this action - commenced in September 2009 - Mr. Sandhu claims that he did not understand the agreement and did not consent to a settlement of his claims.  This was so, he says, because he was depressed and because he did not understand English well enough.  He claims damages against Mr. Schroeder.  His claim against ICBC can only be construed as one to set aside the settlement agreement.  Both defendants plead a limitation defence....

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17 Jun Gatzke v. Sidhu

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The subject motor vehicle accident happened on January 31, 2006, at the intersection of 64th Avenue and 152nd Street in Surrey.  It was dark and raining.  The plaintiff was westbound on 64th Avenue; her evidence is that she was intending to drive further along 64th and eventually to turn right and proceed north up 144th Street....

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16 Jun Battagliola v. Wal-Mart Canada Corp.

Posted at 00:00h in Motor Vehicle Accident

             This action relates to a knee injury suffered by Ms. Battagliola on February 15, 2005, at the New Westminster store of Wal-Mart Canada Corp. (“Wal-Mart”).  This proceeding is brought under old Rule 66 now Rule 15-1.  The plaintiff says that an uninstalled metal shelf that had been left sitting horizontally on the floor was kicked over and struck her right knee.  This, she says, has resulted in her suffering chronic pain in and around her right knee. ...

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13 Jun Bouchard v. Brown Bros. Motor Lease Canada Ltd.

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Maurice Bouchard, claims damages for personal injuries sustained in a motor vehicle accident which occurred on February 26, 2005. The plaintiff, who was 26 years old at the time, was seated in the front passenger seat of his brother’s parked truck when it was struck from behind by a pick-up truck owned by the defendants,  Brown Bros. Motor Lease Canada Ltd. and United Scaffold Supply Company Inc., and operated by the defendant, Antoine Naudi. At the time of impact, the plaintiff was turned in his seat, facing to his left, as he moved some objects on the front passenger seat. He was not wearing a seatbelt because the vehicle was parked....

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10 Jun Chang v. Wren

Posted at 00:00h in Motor Vehicle Accident

           This is an application brought by the defendant that the proceedings in this matter be transferred to the Provincial Court of British Columbia....

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