25 Feb Walker v. John Doe
The defendant, Insurance Corporation of British Columbia (ICBC), seeks an order that counsel for the plaintiff, Mr. T. Harding, pay the special costs that arise out of a mistrial....
The defendant, Insurance Corporation of British Columbia (ICBC), seeks an order that counsel for the plaintiff, Mr. T. Harding, pay the special costs that arise out of a mistrial....
On April 12, 2013, Mr. Justice Smart, now retired, dismissed the plaintiffs claim against the defendants in oral reasons for judgment following a summary trial. The defendants seek an order that the plaintiff pay them double costs from the date of their offer of settlement, made on February 27, 2013, pursuant to Rule 9-1(5)(b) of the Supreme Court Civil Rules, B.C. Reg. 168/2009 [the Rules]. Given the retirement of the summary trial judge, I will exercise my jurisdiction pursuant to Rule 23-1(10) and personally deal with the defendants application.Background...
The sole remaining issue in this proceeding is that of costs arising from the 21-day trial which concluded in May 2011. The only issue at trial was the assessment of the plaintiffs damages arising from a motor vehicle accident which occurred in February 2004. The plaintiff submitted her damages were well in excess of $1 million. The defendant submitted a range of $15,000 to $20,000 was appropriate....
On August 27, 2008, Ryotaro Nemoto (Ryotaro) and his sister, Rui Nemoto (Rui), were passengers in a Toyota Corolla driven by their mother, Sanae Nemoto (Ms. Nemoto). Ms. Nemoto was stopped at a red light at the intersection of Brunette Avenue and Braid Street in New Westminster when her motor vehicle was rear ended by a Freightliner tractor trailer, which pushed Ms. Nemotos vehicle into the intersection (the MVA)....
The plaintiff, a 36 year old firefighter from Port Coquitlam, was involved in two motor vehicle accidents which occurred on November 13, 2009 and September 7, 2012 respectively. On both occasions Mr. Hoys vehicle was lawfully stopped on the roadway it was struck in the rear by the vehicles owned and operated by the respective defendants in these two actions....
THE COURT: The defendants seek to call expert opinion evidence from Gary W. Nix who has a doctorate in special education....
The plaintiff, Michael Shipley, was rear-ended by the defendant, Travis Bye on January 26, 2010, at the intersection of Royal Oak Avenue and Deer Lake Parkway in Burnaby, British Columbia....
Mr. Arnason was injured in a motor vehicle accident on June 6, 2008, and hired Roger Watts of Salloum Watts (the Law Firm) to represent him in a lawsuit against the defendant for damages. After signing a contingency fee agreement with the Law Firm in 2010, Roger Watts died unexpectedly in 2011....
THE COURT: In this motor vehicle accident action, the defendant intends to lead videotape surveillance evidence and to call two private investigators to give evidence with respect to video surveillance of the plaintiff....
This is an action by the plaintiff for damages arising out of a motor vehicle accident. The plaintiff claims that she suffered injuries and losses as a result of a very minor collision in the late afternoon of February 8, 2012. For the reasons that follow, the plaintiffs claim is dismissed. I find that the plaintiff has failed to prove on a balance of probabilities that she was injured as a result of the collision.Background...