14 Jan Saopaseuth v. Phavongkham

             On May 21, 2014, reasons for judgment were issued in Saopaseuth v. Phavongkham, 2014 BCSC 887; thereafter, the parties were unable to reach agreement regarding costs. By written submissions, the parties have raised the following questions:1.       Should costs be assessed pursuant to Rule 15-1(15) of the Supreme Court Civil Rules, B.C. Reg. 168/2009?2.       Should the plaintiff be awarded special costs pursuant to Rule 14-1(1)(b)(i)?3.       Is the plaintiff entitled to an award of double costs from February 20, 2014, the date a formal offer to settle was delivered to the defendant?...

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13 Jan Thompson v. Choi

             Mr. Thompson is the plaintiff in an action for damages stemming from a motor vehicle accident. He applies for an order permitting him to give rebuttal evidence to testimony given by a defence witness, Mr. Craig Barone, on July 25, 2014. He also applies for an order permitting him to put into evidence copies of his pay stubs from two roofing companies, Alpha Roofing & Sheet Metal Inc. and Duron Pacific Restoration Ltd. (collectively, “Alpha-Duron”), from March 2009 to about June 4, 2009, which show the particulars of all the earnings and benefits received during that period. These reasons address these applications.A.    Rules Relied on...

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07 Jan Smith v. Neil

             The plaintiff, a 56-year-old female, was injured in a motor vehicle accident which took place November 23, 2010 at the intersection of 222nd St. and 50th Avenue in Langley, British Columbia. Liability has been admitted on behalf of the defendants....

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05 Jan Mocharski v. Ly

            THE COURT:  The plaintiff makes three applications today. The first is that the defendants amend their response to civil claim; the second is that the defendant Ly submit to a further examination for discovery and answer particular questions; and third, that the defendants Ly and Mocharski provide particulars in response to demands issued by the plaintiff....

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02 Jan Luis v. Marchiori

             Ms. Luis was injured in two motor vehicle accidents. The first was about six and a half years ago on July 10, 2008, when she was 43 years old (“First Accident”). The second was about three years later on July 9, 2011 (“Second Accident”)....

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31 Dec Thomasson v. Moeller

             The plaintiff was injured in a motor vehicle accident at Nanaimo, British Columbia on January 9, 2011.  At that time, she was a passenger in a vehicle driven by her husband, the defendant Robert Thomasson.  Their two children aged seven and five were also in the vehicle with them.  The defendant was driving a full-size pick-up truck at the time....

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29 Dec Kimber v. Wong

            In this action for damages for personal injuries sustained in a motor vehicle accident, the plaintiff, Jamie Kimber, applies for an order awarding him 100% of his costs and disbursements....

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23 Dec Carroll v. Hunter

              INTRODUCTION[1]             By reasons for judgment indexed as Carroll v. Hunter, 2014 BCSC 2193, I assessed the damages payable to the plaintiff, Ms. Roma Carroll, for personal injuries she suffered in a motor vehicle accident on December 14, 2006.  My award included damages in the amount of $95,400 for past loss of earning capacity....

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22 Dec Dhaliwal v. Meerdink

             On December 26, 2008 the plaintiff, Julie Dhaliwal, was injured in a motor vehicle accident. She was the front seat passenger in a van driven by her husband David. The couple’s three boys, ranging in age from 9 to 13, were seated in the back of the van. The family was en route from 100 Mile House to their home in Prince George. As they headed north out of Williams Lake the weather became progressively worse as snowy conditions developed. Mr. Dhaliwal was concerned about the road conditions and decided to turn off the highway to wait out the snow storm. He found a side road and signalled his intention to turn left. Before Mr. Dhaliwal could complete the turn a semi-trailer driven by the defendant passed them on the left. The semi-trailer ran the Dhaliwal family van off the road. Liability for the accident has been admitted....

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