27 May Yang v. Fitzsimmons
The plaintiff sues for damages arising out of two motor vehicle accidents ("MVAs") involving different defendants....
26 May Morgan v. Galbraith
On April 20, 2012 I filed reasons for judgment (indexed at Morgan v. Galbraith, 2012 BCSC 576) after a nine day trial to assess damages flowing from a motor vehicle collision. I awarded the plaintiff $700,000 for future loss of earning capacity less 30% for his failure to mitigate for a total of $490,000. For past income losses I awarded the sum of $61,483 less 30% for a total of $43,038.10....
22 May Fabretti v. Gill
On January 12, 2005 at approximately 10:00 p.m., a tragic accident occurred on the Pattullo Bridge in New Westminster (the Accident). The plaintiff was only 12 years old at the time. He was asleep in the rear right passenger seat beside his 10-year old sister, Amanda, who was also asleep. His father, Terry Fabretti, was driving, and his mother, Jocelyn Fabretti, was in the front passenger seat of their 2001 Mazda Tribute....
21 May Saopaseuth v. Phavongkham
On January 15, 2011, Soukphavong Saopaseuth was injured in a motor vehicle accident (the MVA). Mr. Saopaseuth was the front seat passenger in the defendants Nissan Sentra sedan when it rear-ended another vehicle. Upon impact, Mr. Saopaseuth was thrust forward and then backward while secured by his seatbelt. He sustained soft-tissue injuries. The impact caused only the drivers airbag to deploy....
20 May Hermanson v. Durkee
The plaintiff was 18 years of age at the time he was injured in a motor vehicle incident. His principal injury is a severe traumatic brain injury....
14 May Franson v. Caldarella
The plaintiff applies at a trial management conference to have the trial in this matter heard without a jury on the grounds that the issues require prolonged examination of documents, a scientific investigation, and are of an intricate or complex character....
13 May McLeod v. Goodman
Sheila McLeod was injured in a motor vehicle accident on August 14, 2008. Liability is admitted on behalf of the defendants and, therefore, the issues before this court relate to an assessment of damages claimed for her injuries. Mrs. McLeod seeks damages for pain, suffering and loss of enjoyment of life, loss of past earning capacity, loss of future earning capacity, cost of future care, and special damages....
13 May Ostrikoff v. Oliveira
The plaintiff seeks an order that he be awarded double costs of all steps taken in this proceeding following service of a certain offer to settle dated February 17, 2014. For the reasons that follow, I grant the order.Background...
12 May Walker v. John Doe
The defendant, the Insurance Corporation of British Columbia (ICBC) brings this application to strike out statements made in three letters by counsel for the plaintiff which are directed at three expert witnesses whose reports are relied on by the defendant. The letters from counsel were delivered in accordance with R.11-6 (10) of the Supreme Court Civil Rules, BC Reg. 168/2009 [Rules], and serve as the plaintiffs notice of objection to the admissibility of each of the experts evidence. The language in the three letters in question is identical except for the experts name. The letters set out in very general terms - which could be described as boilerplate - the reasons why the plaintiff says the reports are inadmissible. The statement to which the defendant objects in each of the letters reads as follows:6. We shall seek sanctions personally against [experts name], including but not limited to Special Costs....
08 May Bay v. Pasieka
On January 27, 2010, following a two-day trial, the action of the plaintiff, Laurie-Ann Bay, against the defendant, Todd Pasieka, was dismissed. I ordered that the issue of costs be adjourned with liberty to the parties to apply to the court if an agreement could not be reached. Three-and-a-half years after the trial, the defendant now applies for costs. The defendant seeks costs at Scale B and double costs from November 14, 2006, the date an offer to settle was made, to the present. The plaintiff says that each party should bear their own costs....