26 Sep Shallow v. Dyksterhuis

             This trial concerns a claim by Lacey Shallow that the defendant, Bernard Dyksterhuis caused a collision and that she was injured as a result.  Since the commencement of the action the plaintiff married.  Her name is now Lacey Orcutt....

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25 Sep Louie v. Webber

             This is an application by the defendant to dismiss the plaintiff’s claim for want of prosecution. The action concerns a 1998 motor vehicle accident. Unusually, the plaintiff bases her opposition to the motion on allegations of malfeasance by the defendant’s counsel.Litigation History...

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24 Sep Franzman v. Munro

             The background to this matter is set out in the affidavit of Joseph A. Zak made July 12, 2013. In his affidavit, Mr. Zak deposes as follows:1.         I am counsel for Tammy Franzman, the plaintiff in this action, and as such have direct knowledge of the information deposed to in this Affidavit.A.        The Claim2.         This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a head-on motor vehicle collision that occurred on October 16, 2008 on Westsyde Road south of the hamlet of Black Pines near Kamloops, BC.3.         In order to investigate the issue of liability, establish the nature and extent of the plaintiff’s injuries, the resulting financial consequences and the cost of future care, it was necessary to retain and consult with a number of experts. Attached as Exhibit 1 is a summary of the expert reports that were commissioned on behalf of the plaintiff as well as on behalf of the defence. The reports are voluminous and copies will be made available for the assessment.B.        Accident Circumstances4.         At the location of the collision, Westsyde Road is a paved two lane highway that runs in a north and south direction. The driving lanes are separated by a single yellow centre line. The highway is flanked to the east by a precipitous drop to the North Thompson River and to the west by a long ditch. The posted speed limit is 80 kph.5.         The plaintiff was driving her red 1999 Chevrolet Venture van south to Kamloops for a medical appointment.6.         The defendant, Shelley Maureen Munro (“Munro”), was driving a white 1993 Ford Taurus (“Taurus”) north returning to her home after driving her daughter and grandchildren to their home in Kamloops. The Taurus was registered to Munro’s common-law husband, the defendant, Dag Alfred Goddyn (“Goddyn”).7.         The plaintiff had rounded a bend in the road when she saw Munro driving toward her...

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24 Sep Sidhu v. Hothi

             This matter is an appeal from the decision of a master in Sidhu v. Hothi, 2013 BCSC 939, dismissing the defendants’ application to withdraw admissions of liability made in the response to civil claim and to amend the response to civil claim....

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19 Sep Heyman v. South Coast British Columbia Transportation Authority

             The plaintiff, Russell Heyman, claims damages for personal injuries resulting from an incident that occurred on April 26, 2010 at the Park Royal Mall in West Vancouver when he was struck by a bus. The bus was part of the Blue Bus fleet that operates in and around West Vancouver and was owned and operated by the defendant Corporate District of West Vancouver under a contract with the defendant South Coast British Columbia Transportation Authority, also known as Translink. The defendant Simon Cooper was the driver of the bus at the time of the accident....

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19 Sep Eckford v. Van Der Woude

             This is an action by the plaintiff, Kathryn Eckford, under the Wills Variation Act, R.S.B.C. 1996, c. 490 (the “Act”), for a declaration that the will of Johan Gerard Van Der Woude also known as John Garry Vanderwood (the “Testator”) did not make adequate provision for the proper maintenance and support of Ms. Eckford. Ms. Eckford seeks an order varying the will on terms this Court thinks are adequate, just and equitable in the circumstances....

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17 Sep Fontaine v. Van Kampen

             This proceeding arises from a motor vehicle accident that occurred on September 2, 2007 in Kamloops, British Columbia (the “Accident”).  Liability for the Accident has been admitted....

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17 Sep Kumanan v. Achim

             This is an assessment of the costs of the Plaintiff, Janicirani Kumanan, following the settlement of personal injury litigation.  The only issue still contested on this assessment is her entitlement to recover the costs of an MRI examination done by Access MRI on November 2, 2011 at a cost of $2,015....

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