15 Mar Singh v. Shergill

Posted at 00:00h in Motor Vehicle Accident

             On Saturday, April 1, 2006, Mr. Singh was driving, with his wife as a passenger, from his home in Surrey to his niece’s residence.  His 2005 Dodge Caravan was westbound on 72nd Avenue.  As he approached the intersection at 120th Street, the traffic light for westbound vehicles was red.  Mr. Singh stopped behind several other stopped vehicles and was waiting for the light to turn green when his van was struck from the rear by an older van driven by the defendant Amrik Shergill, and owned by Mr. Shergill’s employer, the defendant Harman Tile & Construction Ltd. ...

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15 Mar Pham-Fraser v. Smith

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in a motor vehicle accident which occurred January 13, 2006, and claims damages.  The defendants admit liability but take issue with the nature and extent of the plaintiff’s injuries and the amount of damages she should be awarded for those injuries.  The defendants say any damage award must be discounted as a result of several pre-existing medical conditions affecting the plaintiff.THE ACCIDENT...

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12 Mar Burton v. Bakker

Posted at 00:00h in Motor Vehicle Accident

             Mr. Burton is the plaintiff in an action for damages arising out of a motor vehicle accident that occurred on August 2, 2005. The trial of this action is scheduled to commence on April 19, 2010. However, the defendants have brought this application for a declaration that there is a binding settlement agreement between the parties and a stay of proceedings with respect to the trial. In this regard, the defendants rely upon Rules 2(2), 19(24), and 37B of the Rules of Court, s. 8 of the Law and Equity Act, R.S.B.C. 1996, c. 253, and the inherent jurisdiction of the court....

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11 Mar Burdett (Guardian Ad Litem) v. Mohamed

Posted at 00:00h in Motor Vehicle Accident

             This civil jury trial concluded on December 21, 2009 when the jury awarded the plaintiff damages against the defendant Mohamed Abdikani Mohamed (“Mohammed”) in an amount totalling $1,813,440 (ie. following 20% deduction for contributory negligence).  The claim against the defendant Joseph Samuel (“Samuel”) was dismissed.  The plaintiff now applies for the following orders: ·       that she recover 100% of her costs of the entire proceeding at Scale C, payable by the defendants Mohammed and Christopher Brent Dubois (“Dubois”), pursuant to Rule 57(9) and Section 3 of the Negligence Act. ·       an order pursuant to Rule 57(18) requiring the defendants Mohammed and Dubois to pay the costs of the successful defendant Samuel; and ·       an order pursuant to Rule 37B that she is entitled to double costs from the defendants Mohamed and Dubois from November 10, 2009 to present. ...

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05 Mar Lakhani v. Elliott

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Ms. Lakhani, advanced a claim for damages arising out of a motor vehicle accident. Following the release of my Reasons for Judgment, which can be found at 2009 BCSC 1058, the parties returned before me to address two specific issues relating to an award of costs:i)          did the plaintiff’s failure to be forthright in the evidence she gave at trial disentitle her to the award of double costs which she might otherwise receive under Rule 37B?; andii)         given Rule 57(7), is the plaintiff entitled to recover the costs and disbursements related to several specific witnesses?Background...

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04 Mar Sharma v. Didiuk

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of damages caused to the plaintiff by her injuries from a motor vehicle accident on April 8, 2004 in the Municipality of Delta, Province of British Columbia....

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04 Mar Hamilton v. Pavlova

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the defendants for an order that the plaintiff attend for an independent psychiatric examination by Dr. Roy O'Shaughnessy.  The examination is currently scheduled for March 8, 2010, in Vancouver, and it is not likely that another appointment could be made with Dr. O'Shaughnessy between now and the time of trial....

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03 Mar Warkentin v. Riggs

Posted at 00:00h in Motor Vehicle Accident

             This matter arises from a motor vehicle accident which occurred on March 14, 2005. In her Statement of Claim, the plaintiff alleges injury to her neck, and right shoulder; she also alleges “other injuries, full particulars at trial”. Liability was admitted in the Statement of Defence. A first trial was set for January 2009 but was adjourned when the plaintiff’s first counsel was appointed to the British Columbia Supreme Court bench. A new seven day trial was set to proceed on May 3, 2010. Counsel for the defendant now seeks to adjourn that new trial date, alleging that the plaintiff’s claim has materially changed from that which was pled....

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02 Mar Dodsworth v. Krenus

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury action arising from an accident that occurred on September 16, 2005, at about 8:00 a.m., at the intersection of Chesterfield Street and West 22nd Ave., North Vancouver, B.C.  The plaintiff, Mr. Dodsworth, while walking across Chesterfield in the crosswalk at the intersection, was struck by a pickup owned by the defendant, Common Ground Construction Ltd., and driven by the defendant, Mr. Krenus....

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