05 Dec Hampton v. Osachoff

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A.        THE CLAIM2.         This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3.         Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4.         The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5.         The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6.         The claim for aggravated damages took into account the nature of Osachoffs’ conduct and express lack of remorse.B.        THE ACTION7.         This action was commenced on January 14, 2011.8.         The trial was initially set for hearing for November 19, 2012.9.         On May 14, 2012, the plaintiff applied to adjourn the trial to enable            him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10.       The trial was rescheduled to commence on June 9, 2014.11.       The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C.        CURTIS HAMPTON12.       The plaintiff was 20...

Read More

05 Dec Faa v. Hardy

Posted at 00:00h in Motor Vehicle Accident

             Tyson Faa was injured in a motor vehicle accident that occurred on December 4, 2009. Mr. Faa was a passenger in the vehicle of the defendant, Ms. Hardy. The defendant made a left turn in front of an oncoming vehicle and a substantial collision occurred, smashing the engine area of Ms. Hardy’s vehicle. An airbag discharged and protected Mr. Faa....

Read More

04 Dec Sandhu v. Gabri

Posted at 00:00h in Motor Vehicle Accident

             In the early morning hours of April 7, 2010, the plaintiff, Parminder Singh Sandhu, was a passenger in his wife’s motor vehicle, a 2007 Nissan Sentra. Mr. Sandhu had had a couple of drinks and so his friend, Harjinder Grewal, who had not had anything to drink that evening, was driving at Mr. Sandhu’s request. The two were driving northbound on 124th Street in Surrey, British Columbia, when, without warning, a southbound 1998 Honda motor vehicle, driven by the defendant, Jaswinder Singh Gabri, attempted a left-hand eastbound turn onto 80th Avenue and collided with the driver’s side of the Nissan....

Read More

02 Dec Chong v. Lee

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of damages for injuries sustained by the plaintiff, Ann Chong, in a motor vehicle accident which occurred on December 1, 2007 at the intersection of Fraser Street and East 33rd Avenue in Vancouver, British Columbia.  The plaintiff, who was 48 years old at the time, was the seat-belted driver and sole occupant of her vehicle.  Ms. Chong, who was driving northbound on Fraser Street, had brought her vehicle to a stop at the intersection when a vehicle driven by the defendant Chi Yong Lee and owned by the defendant John Lee struck her vehicle from behind....

Read More

01 Dec Hosseinzadeh v. Leung

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Tamin Hosseinzadeh, seeks damages for injuries sustained in a car accident that occurred on April 11, 2009. She was a front seat passenger in a Toyota driven by her husband. They were travelling south on Boundary Road. They entered the intersection at Kingsway on a green light and were struck by a left turning vehicle driven by the defendant. The defendant admits liability for the accident....

Read More

01 Dec Peterson v. Verma

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The plaintiff, Karlee Peterson, claims damages for personal injuries sustained in two motor vehicle accidents.  The first accident occurred on March 30, 2009 when she was a passenger in a taxi that hit a curb in a Surrey parking lot.  The second accident occurred on April 8, 2010 when she stopped her car at a red light on a Chilliwack street and was struck from behind....

Read More

28 Nov Glavica v. Lott

Posted at 00:00h in Motor Vehicle Accident

             On the evening of September 3, 2011 a motor vehicle collision between the plaintiff, Biserka Glavica, and the defendant, Patrick Lott occurred on Zorkin Road, which is the exit road from the Departure Bay ferry terminal in Nanaimo, B.C....

Read More

28 Nov Green v. Conley

Posted at 00:00h in Motor Vehicle Accident

             This is a cost assessment in a personal injury action. The action was settled one day before the commencement of the trial. Ms. Green was initially pursuing a claim between $300,000 and $400,000 which included a claim for $136,000 for homemaking services. She settled her claim for $75,000 the day before trial. She swore an affidavit explaining that offer was accepted for health reasons. The plaintiff suffered from gestational diabetes and chose to accept the offer rather than go through the stress of trial which might potentially endanger the health of her unborn child and herself. This evidence becomes relevant to the issue of proportionality. It is my belief that an assessing officer should not rely exclusively on the settlement figure in determining proportionality of costs. Certainly, when most of the disbursements were incurred, counsel for Ms. Green did not think the case would settle for $75,000. Given that the case did not proceed to trial, it is not necessarily true that $75,000 is the true value of Ms. Green’s claim. It is the value that she was willing to accept for personal reasons....

Read More

27 Nov Thorogood v. Roberts

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of a bill of costs, arising out of a motor vehicle accident which occurred on June 26, 2009, in North Vancouver, British Columbia. The plaintiff was proceeding westbound on Marine Drive in the curb lane on his motorcycle, when a motor vehicle driven by the defendant made a left-hand turn in front of the plaintiff’s lane of travel. As a result, the plaintiff crashed his motorcycle and sustained serious injuries, including a fractured/dislocation of the right shoulder, a pain disorder, and symptoms of depression....

Read More