01 Dec Brooks-Martin v. Martin

Posted at 00:00h in Motor Vehicle Accident

           On November 18, 2010, at the close of the plaintiff’s case, counsel on behalf of the defendant MacNutt Enterprises Ltd. made a no evidence motion on behalf of his client. After considerable argument, this application was abandoned. But the application was renewed, after the defendant James Martin elected to call evidence, did call evidence and closed his case. On November 22, 2010, I gave a relatively brief oral ruling in which I dismissed the no evidence motion, and said that I would file written reasons to explain my decision, at a later date....

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01 Dec Bergman v. Standen

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff was injured in a motor vehicle accident on February 28, 2006. Liability for the accident is admitted. The matter is before the court for an assessment of damages.The Accident...

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26 Nov Barlow v. Smoch

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the plaintiff for an adjournment of a trial currently scheduled to commence on Monday, January 31, 2011, and that a new date be fixed by counsel. ...

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26 Nov Moini-Shirazi v. Sun

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The plaintiff was injured in a motor vehicle accident on July 9, 2007. The defendants admit that the defendant driver was negligent, but say that the plaintiff was contributorily negligent. Quantum, that is to say assessment of damages, is also in issue in this trial....

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25 Nov Chalmers v. Russell

Posted at 00:00h in Motor Vehicle Accident

             Nancy Chalmers, the plaintiff, had the misfortune of being involved in two motor vehicle accidents.  The first accident, on February 19, 2007, involved a collision with a vehicle driven by the defendant Amber Gayle Russell (now Amber Stowe).   ...

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23 Nov Johnson v. Wells

Posted at 00:00h in Motor Vehicle Accident

             The defendant Wells applies for the following orders which the plaintiff opposes:1.         The within action be declared or ordered to be stayed as against the Defendant Tanya Marie Wells;2.         The within action be declared or order to be settled as against the Defendant Tanya Marie Wells on the following terms:a)         Payment of $7,500.00;b)         Signing of a B.C. Ferries Release; andc)         Filing of a Consent Dismissal Order.3.         The Plaintiff's claims in relation to the motor vehicle accident which occurred on December 29, 2008 be declared or ordered to be settled as against Andrew Johnson, Natasha Bouchot, Jay Chalkman, and Hilary Chalkman.4.         The Plaintiff shall sign a B.C. Ferries Release as against the Defendant Tanya Marie Wells;5.         The Plaintiff shall sign a Consent Dismissal Order as against the Defendant Tanya Marie Wells;6.         The Notice of Discontinuance filed by the Plaintiff as against the Defendant Tanya Marie Wells be declared valid;7.         Such further and other relief as to this Honourable Court may seem just....

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22 Nov Jokhadar v. Dehkhodaei

Posted at 00:00h in Motor Vehicle Accident

             Huda Jokhadar seeks compensation for injuries she suffered in a motor vehicle accident in the interchange at the north end of the Lions Gate Bridge in West Vancouver on October 18, 2006. Since the accident she has experienced back, neck, right shoulder and right arm pain and weakness that is, in part, a result of a soft tissue injury and, in part, a result of irritation of the nerve root caused by protrusion of a disc at the C5-6 level of her spine. In addition, Ms. Jokhadar says a bipolar affective disorder which has affected her for years has been exacerbated by the emotional and physical impact of the accident. That disorder is said to coexist with and contribute to post-traumatic stress disorder, which is also said to arise out of the accident. The assessment of Ms. Jokhadar’s claim for loss of enjoyment of the amenities of life and the loss of past and prospective income requires careful consideration of her lengthy and complex psychiatric history.EvidenceMs. Jokhadar’s Pre-2002 Medical History...

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22 Nov Plensky v. Di Biase

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Dallas Plensky, was injured in a motor vehicle accident that occurred on July 20, 2004. The jury awarded Ms. Plensky $61,800 for the costs of future care as one component of its verdict. The defendants’ application is to deduct an appropriate amount from the jury’s award for the cost of future care. The defendants do not seek to deduct any Insurance (Vehicle) Regulation, B.C. Reg. 447/83 [Regulation] Part 7 benefits paid to date....

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19 Nov Lewis v. Lewis

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the defendants seeking an order that the plaintiff re-attend an examination for discovery for the purposes of questioning the plaintiff on issues of causation in respect of the plaintiff’s injuries....

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