29 Jan Camilleri v. Bergen

Posted at 00:00h in Motor Vehicle Accident

            The plaintiff was injured in a motor vehicle collision on July 24, 2011. Liability is admitted. The action has been discontinued against the first named defendant, Yung Oh. The remaining defendant, Julia Bergen, argues that there are no significant factual disputes in the evidence and there is largely consensus among the medical experts that the plaintiff suffers from chronic myofascial pain as a result of the collision. However, the parties are far apart on damages. The plaintiff seeks damages totalling over $865,000, with loss of future earning capacity at over $618,000 being the largest head of damages. The defendant argues that a total award in the range of $51,000 to $89,000 is reasonable.BACKGROUND...

Read More

28 Jan Mathroo v. Edge-Partington

Posted at 00:00h in Motor Vehicle Accident

             On the morning of April 13, 2012, Gurcharan Mathroo was hit by a truck driven by David Edge-Partington as he and a friend were attempting to cross 84th Avenue at 132nd Street in Surrey on foot. Mr. Mathroo’s most serious injury was a fracture to his right elbow, which required surgery to insert a plate and screws into his arm....

Read More

27 Jan Valino v. Chu

Posted at 00:00h in Motor Vehicle Accident

             Mary Valino was involved in a motor vehicle accident on October 10, 2010. Ms. Valino alleges she suffered injuries to her right hand, neck and back in the accident. She asserts the injuries have led to a partial disability, and have impacted her ability to pursue a career as a mining engineer. She seeks general damages for pain and suffering, damages for loss of future income earning capacity and future cost of care. The parties have settled Ms. Valino’s claim for special damages and damages for past loss of earnings....

Read More

27 Jan Corke v. Andrews

Posted at 00:00h in Motor Vehicle Accident

             On September 19, 2011, the plaintiff, Ms. Corke, was in her car, stopped at the intersection of 96th Avenue and 156th Street in Surrey, B.C., when her car was struck from the rear by a pickup truck being driven by the defendant, Mr. Andrews (the “Accident”). The speed of the pickup truck at the time of impact was not great and the physical damage to Ms. Corke’s car was minimal....

Read More

22 Jan Reddy v. Staples

Posted at 00:00h in Motor Vehicle Accident

            The plaintiff was injured in a car accident on February 13, 2009.  The defendant has admitted liability for the accident, so only damages are in issue....

Read More

16 Jan Roy v. McGinnis

Posted at 00:00h in Motor Vehicle Accident

             This is an application pursuant to R. 9-7 of the Supreme Court Civil Rules initiated by a defendant in a motor vehicle action.  The issues of liability and damages are to be determined separately pursuant to an order filed January 4, 2013.  Both the plaintiff and defendant agree that it is appropriate that this Court determine the issue of liability summarily....

Read More

16 Jan Al-Tamimi v. Ricci

Posted at 00:00h in Motor Vehicle Accident

             Around 4:00 p.m. on December 30, 2010, the plaintiff, with his wife, Eva Al-Tamimi, in the front passenger seat, was driving a 2001 Honda Civic eastbound on Greystone Drive in Burnaby, B.C.. The defendant was driving a 1992 GM Saturn westbound on Greystone Drive. The cars collided almost head-on....

Read More

16 Jan Hutton v. Breitkreutz

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This case arises out of a motor vehicle accident that occurred on December 27, 2008. The basic facts of the accident are not in dispute, although liability is....

Read More

15 Jan Cornish v. Khunkhun

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Fay Cornish, claims damages for injuries sustained as a result of a motor vehicle accident that occurred on January 25, 2010 at the intersection of 72 Avenue and Scott Road, also known as 120 Street, in Surrey, British Columbia (the “accident”)....

Read More