The plaintiff, Michael Demello, seeks damages arising from three separate motor vehicle accidents which occurred in the Lower Mainland of British Columbia. Liability for each of the accidents had been admitted. Outstanding to be determined, are damages to be assessed for non-pecuniary damages, loss of income, loss of future earning capacity and housekeeping capacity, as well as certain special damages.II. Facts...
The defendants seek an order that the plaintiffs claim in this action is barred under ss.10 and 257 of the Workers Compensation Act, R.S.B.C. 1996, c. 492 (WCA)....
Michael Wangert seeks damages for the injuries he sustained in a motor vehicle accident which occurred on May 1, 2007 (the Accident), which resulted in the death of the defendant....
The plaintiff, Amber Werner, unfortunately suffered injuries in two motor vehicle accidents which occurred less than a year apart. She now seeks compensation for the injuries she suffered as a result of these two accidents; the trials of which were heard together in Kelowna, BC. Liability was admitted by the defendants in each case....
The plaintiff, Randall Hubbs, was injured in two motor vehicle accidents. The first occurred on July 3, 2009 when the motorcycle Mr. Hubbs was riding was involved in a collision with the vehicle driven by the defendant Basilio Escueta (the Escueta Accident). The second accident occurred on November 30, 2011 when Mr. Hubbs was struck by the vehicle driven by the defendant Derek Martin (the Martin Accident) while in a crosswalk. The two actions arising out of the accidents have been heard together....
The plaintiff seeks recovery of damages for injuries suffered in a motor vehicle collision that occurred on February 11, 2010....
THE COURT: I INTRODUCTION...
On the third day of trial, which concerns an assessment of damages suffered by the plaintiff in a motor vehicle accident that occurred on October 29, 2007, the defendant applied for an order permitting him to tender into evidence the expert report of Dr. Paul Bishop dated December 3, 2012. The application was brought because Dr. Bishops report was delivered to counsel for the plaintiff on December 18, 2012, some 27 days prior to the commencement of this trial and not in compliance with the time limits prescribed by the Supreme Court Civil Rules (Rules). I gave the parties my ruling later in the day, following submissions, advising them that reasons for judgment would follow.Basis of Application...
The plaintiff, Jason Sean Nadeau, was injured on July 1, 2005, when he was struck by a motor vehicle. He was attending a music concert at an outdoor venue called The Bluffs. The Bluffs are located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna. This trial deals only with the issue of liability with regard to the parties who are represented and participated in the trial. Counsel have agreed that the issue of damages, if there is liability, can be dealt with by a judge other than myself....
The plaintiff, Patricia Stovel, was injured in a motor vehicle collision in Nanaimo, B.C., on September 2, 2009. The defendants admit liability for the accident and further admit that Ms. Stovel sustained some injury, loss and damage as a result of the accident. At issue is the extent of those injuries the accident caused to Ms. Stovel, or to which it contributed by way of aggravating pre-existing conditions, and the quantum of damages to be awarded to Ms. Stovel in the circumstances.Background...