12 May Miller v. Boughton
The plaintiff and the defendant litigated the plaintiffs claims before a jury relating to a motor vehicle accident that occurred in Kamloops, British Columbia on July 22, 2006....
The plaintiff and the defendant litigated the plaintiffs claims before a jury relating to a motor vehicle accident that occurred in Kamloops, British Columbia on July 22, 2006....
Liability for a single-motor-vehicle accident is the issue on this summary trial. On January 26, 2007 the parties were on route from their home in Peachland to Vancouver by way of Highway 97C . As they approached the summit the defendant, Mr. Hidasi, lost control of the car. The plaintiff, Mrs. Chow-Hidasi, was in the front passenger seat. The vehicle collided with two separate concrete no‑post barriers before coming to a stop. Mr. Hidasi was not injured in the accident; Mrs. Chow-Hidasi was....
The plaintiff claims damages for injuries suffered in a motor vehicle accident of April 13, 2007 that is said to have been caused by the negligence of the defendant, Shenul Dhalla. The trial proceeded under Rule 15-1....
THE COURT: This is an application by the defendants in this motor vehicle action for an order requiring the plaintiff, Dragana Breberin, to attend at a medical examination at the office of Dr. Stephen Wiseman at one o'clock on July 8, 2011, at St. Paul's Hospital. The purpose of that attendance is for Dr. Wiseman to examine the plaintiff and prepare a medical-legal report for the assistance of the defendants in addressing the plaintiff's claim at trial. There is agreement between the parties that the defendants are entitled to have the plaintiff attend at an independent medical examination by a psychiatrist and there is no challenge to Dr. Wiseman's specific qualifications to perform that examination. The issue before me is whether the examination of the plaintiff, if ordered by the court, should take place where the plaintiff resides, Edmonton, Alberta, or whether the defendants are entitled to choose the place of the examination as well as the expert who will conduct the independent medical examination....
THE COURT: This is an application for production of Elizabeth Fry records in a personal injury case. These records relate to the abuse the plaintiff suffered as a child and, presumably, include confidential details of that abuse as well as recommendations of a counsellor. The production is being opposed on the basis that the records are not relevant and that they are privileged. The application is being brought under our new Rule 7-1(1). The relevancy test in the Supreme Court Rules has now narrowed to one of direct relevance, to use the words of the section, "to prove or disprove a material fact", and it is no longer a chain of inquiry test related to any matter in question. I am not satisfied that these records will assist in proving any material fact....
The plaintiff, Perry Jampolsky, is a 28 year old Surrey resident injured in four separate motor vehicle accidents. The first three accidents occurred over the summer of 1999; the last accident occurred in August 2007. At the time of the first accident the plaintiff was 18 years old. He was accompanied in the vehicle by his brother, Marc, who has since settled his claims arising from the initial accident....
The plaintiff Kimberley Day, now 28 years of age, was involved in two separate motor vehicle accidents: July 9, 2006 and February 8, 2007. ...
The plaintiff by counterclaim in this action seeks damages against the estate of Lloyd Scott and his son, Stewart Scott (the Scotts), pursuant to s. 3 of the Occupiers Liability Act, R.S.B.C. 1996, c. 337....
Counsel for the defendants applies to be released from the implied undertaking as to confidentiality for documents originating in a previous action involving the plaintiff. The documents in question are in the possession of counsel for the defendants because he was counsel in the previous action involving the same plaintiff....
The plaintiff applies for an order that Dr. Roy OShaughnessy be appointed as a joint expert in these personal injury proceedings. I dismissed the application at the hearing with reasons to follow and these are those reasons.BACKGROUND...