22 Apr Biggs v. Doe

Posted at 00:00h in Motor Vehicle Accident

             On April 30, 2006, David Biggs was seriously injured in a motor vehicle collision on Highway 3, just east of exit 173, near Hope, B.C. The collision occurred when a motorcycle operated by Mr. Biggs collided with the pup trailer of a dump truck driven by Kevin Dueck. The vehicles collided shortly after Mr. Biggs entered the highway from an eastbound on-ramp, when he came into contact with the right front portion of the pup trailer as Mr. Dueck drove eastward in the far left lane (the “fast lane”) of three eastbound lanes. At this point along the highway there are two “through” lanes and one merging lane, several kilometres long, to the far right. This section of Highway 3 is virtually straight with a very slight ascending grade for eastbound traffic. The speed limit is 100 km/h. There were no adverse weather or road conditions at the time of the collision....

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17 Apr Advantage Helicopters Inc. v. Heliponents

Posted at 00:00h in Motor Vehicle Accident

             On October 6, 2007, a 1964 Bell 204B helicopter owned by Rilpa Enterprises (“Rilpa”) and leased by Advantage Helicopters Inc. (“Advantage”), experienced a sudden and total loss of tail rotor drive and crashed while being used to conduct heli-logging operations near Kaslo, British Columbia. The main transmission assembly of the helicopter had been overhauled by the defendant, Heliponents, Inc. (“Heliponents”) at its Mesa, Arizona facility in May 2007. The plaintiffs allege the accident occurred as a result of the negligent overhaul of the transmission, which resulted in starvation of oil supply to bearings in the quill assembly of the transmission, failure of the duplex bearing set, seizure of that portion of the transmission, and the fracture of the tail rotor driveshaft....

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17 Apr Vander Maeden v. Condon

Posted at 00:00h in Motor Vehicle Accident

              [1]             The plaintiff, Rudolphus (Rudy) Vander Maeden launched two lawsuits as a result of his involvement in two motor vehicle accidents. As he was entitled to do, Mr. Vander Maeden chose to have his actions tried by a judge and jury. With the consent of all parties, both actions were tried at the same time....

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15 Apr Pavan v. Guolo

Posted at 00:00h in Motor Vehicle Accident

             Roberto Pavan suffered injuries in a September 22, 2010 accident when the car he was driving collided with a limousine driven by the defendant Remo Guolo and owned by Canusa Limos Ltd. There were five passengers in the limousine at the time of the accident, all of whom also suffered injuries and have commenced separate actions. Liability and quantum are issues in this action....

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11 Apr R. v. Van De Graaf

Posted at 00:00h in Motor Vehicle Accident

             This is an appeal by the Crown from the decision of a provincial court judge to stay certain charges against the respondent, Mr. Van de Graaf, pursuant to s. 24(1) of the Charter, as a result of police misconduct in the course of his arrest. For the reasons that follow I would not interfere with the decision of the trial judge.I.        FACTS...

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11 Apr Minenko v. Minenko

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was a front seat passenger in a vehicle driven by her husband, the defendant Dmitriy Minenko, on August 29, 2009 when it was in collision with another vehicle at the intersection of 8th Avenue and 20th Street in New Westminster....

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11 Apr Randhawa v. Chiang

Posted at 00:00h in Motor Vehicle Accident

             On October 23, 2010, the plaintiff was driving her car eastbound on Kingsway Avenue in Burnaby, British Columbia, when she was rear-ended by a car being driven by the defendant....

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11 Apr Walker v. Doe

Posted at 00:00h in Motor Vehicle Accident

             THE COURT: This is an application by the plaintiff, Mr. Walker, brought by way of summary trial, for orders striking out and amending parts of the statement of defence. At the hearing the plaintiff sought judgment on specific issues.Background...

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08 Apr Graham v. Carson

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The plaintiff, Grant Graham, is an experienced cyclist.  On the morning of October 22, 2010, he was driving his bicycle to work, travelling south on Blanshard Street in Victoria.  Mr. Graham brings this action because, just after he crossed Fort Street that morning, he suffered injury which he attributes to the defendants....

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