28 Apr Pearlman v. Atlantic Trading Company Ltd.

Posted at 00:00h in Motor Vehicle Accident

             Mr. Pearlman commenced these actions relating to claims arising from a motor vehicle accident which occurred in November 2004.  The first action is a tort claim for injuries arising from the accident, and the second action is a negligence claim against the Insurance Corporation of British Columbia (ICBC) based on his assertion that ICBC had requested a medical report from his family doctor whose authorization to provide the report had been revoked by the plaintiff....

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27 Apr Pavlovich v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             In this action for disability benefits, the issue is whether the plaintiff was an employed person when he was injured in a motor vehicle accident. To be an employed person for the purpose of qualifying for disability benefits, the plaintiff must have worked for 6 of the 12 months immediately preceding his injury. The plaintiff asserts that because he had worked approximately 1,100 hours in the preceding year he must be taken to have worked for at least 6 of the previous 12 months. The defendant argues that the plaintiff accumulated those hours of work over a period of only 20 or 21 weeks and that the plaintiff cannot, therefore, be said to have worked for 6 of the previous 12 months.The Facts...

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26 Apr Morrison v. Peng

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury action arising from a motor vehicle accident that occurred in the late afternoon on May 29, 2006, at the intersection of Buswell Street and Cook Road in Richmond, B.C., where there is a four-way stop....

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23 Apr Freidooni v. Freidooni

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in Alberta in a motor vehicle accident that occurred on July 20, 2007.  She was a passenger in a vehicle being operated by her husband, the defendant, Vahid Freidooni.  She has brought this proceeding for damages, alleging that her husband’s negligence was the cause of the collision giving rise to her injuries.  I will sometimes refer to Mr. Freidooni as the defendant....

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21 Apr More v. Bauer

Posted at 00:00h in Motor Vehicle Accident

             Dr. Stalnaker has a Ph.D. in theoretical and applied mechanics. Through much of his lengthy career, he has worked in the branch field of biomechanics. He also has practical experience in standards development for certification purposes although not specifically with regard to hockey helmet standards. Biomechanics involves the study of body kinematics ‑ the forces applied to biological tissue and the injuries that can result. The plaintiffs sought to qualify Dr. Stalnaker as an expert in biomechanics and the biomechanics of safety standards....

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15 Apr Gill v. Morin

Posted at 00:00h in Motor Vehicle Accident

             On June 4, 2004, 11 year old Gurdeep Singh Gill (“Gurdeep”) was grievously hurt when the all terrain vehicle he was then operating, of a type commonly described as a “quad”, struck or was struck by a car driven by the defendant, Lyle James Morin (“Morin”) on Harris Road in Abbotsford. The gravity of Gurdeep’s injuries was such that he was flown from the accident scene by helicopter. He suffered numerous fractures, including a compound fracture of the femur and a skull fracture. The Statement of Claim alleges that he has been left with hearing loss, balance problems and cognitive deficits....

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14 Apr Farrokhmanesh v. Sahib

Posted at 00:00h in Motor Vehicle Accident

             This was an application by the plaintiff to assess her party and party bill of costs presented following settlement of this action (the “Sahib action”) in which the plaintiff sued the defendant for injuries suffered by her in a motor vehicle accident that occurred on January 25, 2005....

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09 Apr Beazley v. Suzuki Motor Corporation

Posted at 00:00h in Motor Vehicle Accident

             The plaintiffs apply at a pre-trial conference to exclude the report of David L. Wood and the portions of the report of Jeya Padmanapan that deal with the statistical relationship between seatbelt use and injuries in motor vehicle accidents. The defendants oppose the applications. They submit that the applications should be deferred to trial and only determined after the witnesses have testified at trial on a voir dire. Alternatively, the defendants submit the reports are, in any event, admissible. The trial is scheduled to commence on April 19, 2010, for 60 days.BACKGROUND...

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08 Apr Booth v. Gartner

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims general damages, past loss of income, diminished earning capacity, cost of future care and special damages, as a result of a motor vehicle accident on February 4, 2007. Liability is admitted and special damages have been agreed to in the amount of $12,000.BACKGROUND...

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