09 Oct Crane v. Balmforth

Posted at 00:00h in Motor Vehicle Accident

             This action arises from a motor vehicle accident that occurred on March 29, 2010 on Highway 99 in Delta, B.C. (the “Accident”).  The plaintiff stopped his vehicle suddenly due to an accident in front of him and was subsequently rear ended and pushed into the vehicle in front of him.  The collision was of significant force as evidenced by the substantial damage to the rear of the plaintiff’s vehicle.  He was transported by ambulance to Peace Arch Hospital.  He was found with no acute fractures or injuries and released.  The plaintiff asserts that he suffered soft tissue injury to his mid- and upper back, to his neck, and suffers on a continuing basis pain from these injuries including headaches.  ...

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08 Oct Symons v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             This is a summary trial application brought by the plaintiff for a declaration that she is entitled to temporary total disability benefits (“TTDs”) and medical and rehabilitation benefits under Part 7 of the Insurance (Vehicle) Regulation, B.C. Reg. 447/83 (“the Regulation” or “Part 7”), and for judgment against the defendant for the cumulative total amount of those benefits that she says are payable, but which the defendant has wrongfully and unlawfully failed to pay, since the plaintiff’s involvement in a motor vehicle accident in 2008.The Accident...

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08 Oct Prokorym v. Turpin

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff applied for a summary trial of the issues in this defamation action, pursuant to Rule 9-7 (2) of the Supreme Court Civil Rules. The defendant did not challenge the suitability of the matter for a summary trial. As the following summary of the facts will reveal, the only remaining issue at the conclusion of the hearing was the assessment of damages. The plaintiff seeks general damages, aggravated damages, punitive damages and special costs.Factual Background...

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07 Oct Farbatuk v. Lagrimas

Posted at 00:00h in Motor Vehicle Accident

             On December 24, 2011, in Richmond, B.C., the plaintiff was rear-ended while at a full stop on Highway 91. The defendant has admitted liability for the accident and the plaintiff claims compensation commensurate with a severe whiplash, together with damages for loss of past and future earnings from his 25 years of employment at Scott Paper Mill (now Kruger Paper Mill). He also claims for cost of future care, and loss of housekeeping or renovation services. Special damages have been agreed to in the amount of $1,997.73....

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07 Oct Dann-Mills v. Tessier

Posted at 00:00h in Motor Vehicle Accident

            THE COURT:  The plaintiff, Jorin Dann-Mills, through his litigation guardian, Ms. Robbin Williams, has applied for an advance payment in the amount of $50,000 from the Insurance Corporation of British Columbia. The Insurance Corporation would pay that amount on behalf of the defendants, Sharon Tessier and Dan Mills, from their policies of insurance. These monies would be paid out to and held by the Public Guardian and Trustee of British Columbia (“PGTBC”) on the terms and conditions that are set out in the notice of application together with the specific revisions to those terms that have been proposed by the PGTBC.Background...

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02 Oct Collis v. Passero

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of a bill of costs arising from a motor vehicle accident which occurred on May 12, 2011. This case falls within the provisions of Supreme Court Civil Rule 15-1(15). The parties are in agreement that the plaintiffs are entitled to the full $6,500 cap plus applicable taxes, for a total of $7,280....

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01 Oct Suedat v. Kara

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for personal injuries sustained in a pedestrian/motor vehicle collision that occurred on December 7, 2010 at the intersection of Canada Way and Smith Avenue in Burnaby, BC. The plaintiff was crossing Canada Way in the crosswalk when she was struck by a vehicle driven by the defendant (“Accident”)....

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29 Sep Bains v. Park

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff is a 49 year-old pharmacy assistant and mother of two children. She sues the defendant for damages arising out of a motor vehicle collision that occurred on May 18, 2010. The defendant admits liability for the collision. This trial was therefore concerned only with the assessment of the plaintiff’s damages....

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