18 Jan Zawadzki v. Calimoso

Posted at 00:00h in Motor Vehicle Accident

             On September 17, 2004, the plaintiff, Mr. Zawadzki, was struck from behind by a U-Haul truck driven by the defendant Mr. Calimoso. At the time, he was walking north on 20th Street in New Westminster, British Columbia (the “Accident”). Mr. Calimoso denied liability throughout the trial. At the beginning of closing submissions, liability, subject to Mr. Zawadzki’s potential contributory negligence, was admitted. The various distinct issues raised in this case are identified in the index found on the first page of these reasons.B)       The Accident and Contributory Negligence...

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17 Jan Derbyshire v. ICBC

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The claimant seeks declarations against the defendant, Insurance Corporation of British Columbia, of her entitlement to reinstatement of temporary total disability benefits and to ongoing physiotherapy and massage therapy benefits as afforded by Part 7 of the Regulations to the Insurance (Motor Vehicle) Act.  The claimant has complained since her accident of significant neck discomfort and also numbness in her left thumb, symptoms which she says now disable her and have continued since the accident to disable her from her employment.  ICBC opposes the application on the grounds that the claimant is not totally disabled from her employment and, alternatively, that her present injury was directly or indirectly caused by a pre-existing, albeit, at least in part, asymptomatic condition, specifically pre-existing degenerative changes in the cervical spine, bringing the claimant within the exclusion under s. 96(f) of the Regulations....

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17 Jan Chen v. Beltran

Posted at 00:00h in Motor Vehicle Accident

             On March 10, 2010 I issued reasons for judgment dismissing the litigation guardian’s action for damages on behalf of her son Allan Chen arising from an accident in which he sustained serious injury (the “Accident”).  The Accident occurred on February 27, 2006 when Allan, riding a skateboard, entered the intersection of 10th Street and Royal Avenue in New Westminster and was struck by a car operated by the defendant Mr. Beltran.  The trial proceeded on the issue of liability only with quantum of damages to be determined once the issue of liability was decided.  The plaintiff admitted Allan was partially responsible for the Accident but submitted the defendants were also at fault....

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07 Jan Jampolsky v. Shattler

Posted at 00:00h in Motor Vehicle Accident

             On March 21, 2010, I issued reasons for decision granting the applicants, the defendants in this action, special costs relating to a contempt application brought against them by the plaintiff, Mr. Perry Jampolsky:  Jampolsky v. Shattler, 2010 BCSC 408 [the “Costs Decision”]....

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30 Dec Jackson v. Mongrain

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff claims damages for negligence arising out of a motor vehicle accident which occurred on April 8, 2006 on the Lougheed Highway. The vehicle in which the plaintiff was a passenger was stopped in the left lane for eastbound traffic waiting for the vehicle ahead of it to complete a manoeuvre. The defendant drove her vehicle into the rear of the vehicle in which the plaintiff was seated. That the defendant was negligent is admitted. A pleading of contributory negligence is not pressed. That the plaintiff was injured is accepted by the defendant. A failure by the plaintiff to mitigate his loss is alleged by the defendant....

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30 Dec Hamilton v. Demandre

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  In this personal injury action, the defendant seeks an order that the plaintiff attend and submit to (a) an independent medical examination with Dr. Desmond Bell on January 7, 2011, at 12:00 p.m., and (b) balance testing conducted by Art Malinson at 8:00 a.m. that same day....

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24 Dec Bain v. Bain

Posted at 00:00h in Motor Vehicle Accident

           Mr. Bain seeks increased access to his two children; Tyra, age 11, and Alanna, age 8. As well he sought to vary child maintenance ordered by R. Holmes J. on June 12, 2006. He also sought an accounting of monies held in trust although no material was put in front of me regarding that and indeed not mentioned in his outline....

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23 Dec Madill v. Sithivong

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Ronald Edward Madill, claims damages against the defendants for injuries arising from a motor vehicle accident that occurred June 28, 2004 on Clearbrook Road in Abbotsford, British Columbia.  At the time of the accident, the plaintiff was a passenger in a motor vehicle owned by the defendant, Super H Holdings Ltd., and operated by the defendant, Charles Peter Howard.  The action against Super H Holdings Ltd. has been discontinued....

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23 Dec Hambrook v. Sandhu

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of the defendants’ costs. The underlying claim arose as a result of a motor vehicle accident which occurred on February 29, 2004. This action was commenced April 4, 2005. The defence filed shortly thereafter denied liability....

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