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....

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25 Feb Pavan v. Guolo

             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...

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25 Feb Hall-Smith v. Yamelst

             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...

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22 Feb Liu v. Bipinchandra

             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. Liu’s injuries;ii)        whether Ms. Liu properly mitigated her losses; andiii)       what past and future loss of capacity Ms. Liu suffered.Background...

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19 Feb Carmichael v. Kwon

             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 plaintiff’s injuries....

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19 Feb Semenoff Estate v. Semenoff

             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....

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