17 Jul Middleton v. Heerlein

             In two applications argued on behalf of two insureds, Progressive Max Insurance Company (“Progressive”), an insurer carrying on business in the United States, seeks to revisit a subrogation issue it litigated unsuccessfully in Matilda v. MacLeod, 2000 BCCA 1....

Read More

09 Jul Sequeira v. Higgins

             This is an action for damages arising out of a motor vehicle accident on May 5, 2012 at the intersection of Inverness Street and West 41st Avenue in Vancouver.  The negligence of the Defendant, Christopher Higgins is admitted.  The only issues are to the extent that the injuries suffered by Mr. Sequeira continued after August of 2012 and the damages available to Mr. Sequeira as the result of the negligence of Mr. Higgins.BACKGROUND...

Read More

07 Jul Warren v. Morgan

             The defendants seek costs in relation to a 22-day motor vehicle accident trial heard by this Court in April and May 2012. The defendant, Ms. Morgan, submits she is entitled to her costs and disbursements at scale B because the action against her was dismissed in its entirety. The defendant, Mr. Berretta, seeks his costs at scale B from the date of receipt of the defendants’ first formal offer to settle in February 2012 or, alternatively, from the date of their second formal offer to settle in April 2012 pursuant to Rule 9-1(15) of the Supreme Court Civil Rules. The defendants do not seek double costs....

Read More

03 Jul Yannacopoulos v. Cronk

             The plaintiff Michael Yannacopoulos sues for damages for injuries suffered as a result of a motor vehicle accident which took place on September 22, 2009, on King George Boulevard between 84th and 86th Avenue in Surrey, British Columbia (the “Accident”). Mr. Yannacopoulos was driving the middle vehicle in a three-car collision. As a result of the Accident, Mr. Yannacopoulos suffered a blow to his head, injuries to his neck, back, shoulders, right wrist, and dental injury. The main issue at trial concerned his low back pain which had lingered after the other injuries resolved....

Read More

03 Jul Grewal v. Naumann

             The plaintiff, Mr. Grewal seeks damages arising from a motor vehicle accident that occurred on June 28, 2007 in the intersection of 64th Street and 200th Avenue, Langley, B.C. (the “Accident”).  He was 26 years old at the time and is now 33 years old.  Mr. Grewal was driving a 1997 Honda Civic and was attempting to turn left at the intersection; Mr. Naumann was driving a 2007 Dodge Ram pickup and was going through the intersection travelling in the opposing direction.  Mr. Grewal was “T-boned” by Mr. Naumann on the passenger side of the Honda he was driving.  Mr. Grewal was transported by ambulance to Langley Memorial hospital.  Mr. Grewal’s vehicle was declared a total loss.  The Dodge Ram sustained damage valued at $14,608.81.  The plaintiff seeks damages for his injuries caused by the Accident including chronic pain around his right shoulder, right wrist, right knee, right ankle, and neck; and recurrence of depression. ...

Read More

02 Jul Mollaei v. Luo

             This is an assessment of costs of the plaintiff following the settlement of two personal injury actions.I.                 BACKGROUND...

Read More

30 Jun Hsu v. Choquette

             This case involves the consequences to Ellen Hsu of a rear-end motor vehicle accident that she was involved in on April 5, 2010. Liability for the accident has been admitted on behalf of Elizabeth Choquette, the driver who caused it, and as a result the focus in the trial was on the nature and severity of the injuries that Ms. Hsu received and the extent of their impact on her life. The most significant issue in that regard is whether she now suffers from thoracic outlet syndrome (“TOS”) because of the accident.2.               EVIDENCE(a)            Background...

Read More

19 Jun Mothe v. Silva

             The plaintiff Lindsey Mothe was injured in a motor vehicle accident that occurred on November 24, 2011. Liability was admitted. The trial of the action was heard over five days from October 27 to 31, 2014. Reasons for judgment indexed at 2015 BCSC 140, were released on January 30, 2015....

Read More