01 Mar Sturdy v. Dhadda
THE COURT: These are oral reasons for decision. In the event a transcript is requested, I reserve the right to edit them. The result will not change....
THE COURT: These are oral reasons for decision. In the event a transcript is requested, I reserve the right to edit them. The result will not change....
These two actions arise from a three-car collision on September 25, 2012....
On July 27, 2015, in reasons indexed at 2015 BCSC 1300 (the Reasons), I dismissed the action brought by the plaintiff, Mr. Mohamed, against the defendants....
The plaintiff Roberto Pavan was injured on September 22, 2010, when the car he was driving collided with a limousine driven by Mr. Guolo. By agreement, the issue of liability for the motor vehicle accident was determined in a separate trial. In the decision indexed as Pavan v. Guolo, 2016 BCSC 23, Burnyeat J. found the defendants to be entirely at fault for the accident. This action proceeded before me to determine damages.Background...
Following the trial of this action and judgment rendered (Hall-Smith v. Yamelst, 2015 BCSC 1640 (Hall-Smith)), costs were ordered to follow the event, except if either party wanted to speak to the matter (at para. 77). The defendants seek to deny the plaintiff her costs for several reasons including: (a) because she should have accepted an offer to settle made on January 13, 2015 (Rule 9-1(5)); (b) because she recovered a sum within the jurisdiction of the Provincial Court (Rule 14-1(10)); and (c) in the alternative, the plaintiff should be denied her disbursements related to that part of her claim that was unsuccessful (Rule 14-1(15)).Facts...
THE COURT: I am prepared to give judgment right now....
The plaintiff, Ms. Liu, was injured in a motor vehicle accident that occurred on South West Marine Drive in Vancouver on September 24, 2008 (the Accident). The Insurance Corporation of British Columbia (the Third Party), accepts that the defendant, Mr. Bipinchandra, was liable for the Accident. The principal issues raised by this case are:i) the extent or severity of Ms. Lius injuries;ii) whether Ms. Liu properly mitigated her losses; andiii) what past and future loss of capacity Ms. Liu suffered.Background...
The plaintiff in this action arising from a motor vehicle accident is an infant. Julien Adarius Bunnah was five years old when the motor vehicle accident occurred on February 18, 2012....
The plaintiff, Krystal-Ann Carmichael, seeks damages for injuries she sustained in two motor vehicle accidents, the first accident occurred on January 26, 2012 (the MVA) and the second occurred on May 23, 2014 (the second MVA). The first MVA was the more serious of the two. The defendants admit liability for the collisions. The defendants also admit that the accidents caused the plaintiffs injuries....
The defendants seek dismissal of this action by way of the summary trial rule, Rule 9-7, or alternatively by means of summary judgment, under Rule 9-6, or by reason of want of prosecution. The defendants further seek an order that both the plaintiff Robert Semenoff (Robert) as executor of the Estate of Bill Semenoff, and the Estate be declared vexatious litigants....