08 Mar Mayne v. Mayne

Posted at 00:00h in Motor Vehicle Accident

             This is a summary trial proceeding to determine liability in an action for damages arising out of the alleged negligence of Mrs. Mayne. Mr. Mayne’s action in negligence against his spouse, Mrs. Mayne, stems from a motor vehicle accident that occurred on September 24, 2010, when Mrs. Mayne took control of the parties’ vehicle, struck Mr. Mayne, and caused serious injury to his leg. Neither party objected to the matter being heard as a summary trial as the material facts are not seriously in dispute....

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07 Mar Nemoto v. Phagura

Posted at 00:00h in Motor Vehicle Accident

             In reasons for judgment dated December 3, 2012, I awarded the plaintiff non-pecuniary and special damages totalling $27,023.75 for injuries in a motor vehicle accident. I am now informed that award was $300 less than the amount contained in a formal offer to settle that the defendants delivered one week before trial. The defendants now apply for an order depriving the plaintiff of her costs and awarding the defendants costs from the date of the offer....

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06 Mar Van Gils v. Grandmaison

Posted at 00:00h in Motor Vehicle Accident

             This is an application by the plaintiff, Mr. Van Gils, for an advance on the damages that he expects to receive in his motor vehicle accident trial. Mr. Van Gils was injured in that accident on April 26, 2008. Liability for it has been admitted by the defendants....

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06 Mar Knowles v. Lan

Posted at 00:00h in Motor Vehicle Accident

             On February 27, 2013, the plaintiff applied for orders which, if granted, would have the effect of reinstating the trial of this action to the trial list for March 4, 2013. The trial was removed from the trial list for March 4, 2013, by operation of Civil Rule 12-4 (5), after no party of record had filed a trial certificate “at least 14 days before . . . the scheduled trial date”, as required by Rule 12-4 (2)....

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05 Mar Streeper Contracting Ltd. v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Streeper Contracting Ltd., hauls oil rig equipment between lease sites in the oil and gas fields of northeastern British Columbia.  One of its heavy commercial trucks, Unit 50, collided head-on with another vehicle in December 2005.  The accident caused serious injury to the driver of Unit 50, the death of the third party driver, and the loss of both commercial vehicles.  The defendant, ICBC, denies coverage on the basis that Unit 50 was operating outside of its insurance coverage, and on the basis of a misstatement made to ICBC by Streeper Contracting’s president....

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04 Mar Murphy v. Obrien

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff seeks damages for personal injuries arising from a motor vehicle accident that occurred on May 17, 2007. Liability is admitted by the defendant.Agreed Statement of Facts...

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01 Mar Farand v. Seidel

Posted at 00:00h in Motor Vehicle Accident

             On August 7, 2009, in Victoria B.C., the plaintiff, Ms. Jayde Farand, was struck by a motor vehicle driven by the defendant, Mr. Rolf Seidel, while crossing Cook Street in a marked pedestrian crosswalk (the “Accident”). It was about midday. The weather was overcast but dry. The posted speed limit in this area of Cook Street, near May Street, is 30 kph....

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01 Mar Brook v. Tod Estate

Posted at 00:00h in Motor Vehicle Accident

             This is a personal injury action for damages arising out of a motor vehicle accident. In reasons indexed at 2012 BCSC 1947, I found the defendant Kora Goodrick solely liable for the collision that occurred on July 2, 2008. The parties were granted leave to make written submissions with respect to the issue of costs. These are my reasons on the costs issues.Background Facts...

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28 Feb Combs v. Bergen

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff seeks damages as a result of a motor vehicle accident in September 2009. She continues to have neck pain, lower back pain and headaches. Her vehicle was rear ended by the defendant’s vehicle. The defendant admits the accident took place but denies that there were injuries that justify significant damages.Background...

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27 Feb Datoc v. Raj

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Roderick Paul Datoc, was involved in a collision with a vehicle driven by the defendant, Ram Raj, on July 28, 2008 at the intersection of 84th Avenue and 128th Street in Surrey.  Each driver testified that he entered the intersection on a green light, and no other witnesses to the accident were called.  The defendant denies liability, but says that if he was negligent, the plaintiff was contributorily negligent because he was speeding and “timing” the light just before entering the intersection....

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