28 Jan Brown v. Raffan

             The plaintiff, Terri Brown, was injured in a motor vehicle accident that occurred in Maple Ridge, B.C. on March 9, 2009. Liability has been admitted by the defendants. This action concerns Ms. Brown’s claim for damages arising out of her injuries sustained in the collision....

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28 Jan Lutter v. Smithson

             In April 2008, Glen Mazu and Tralee Mazu permitted their daughter, Brianne, to host a Bring Your Own Bottle (“BYOB”) party on their property to celebrate her 19th birthday. Unfortunately, one of the invited guests, then 18½ year old Dallas Parker Smithson, became very drunk; eventually left the property; drove away in a vehicle; and shortly afterwards, was involved in a collision with a taxi, in which the plaintiff, Jeremy Lutter, was a passenger....

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25 Jan Hubbs v. Escueta

             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....

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25 Jan Wangert v. Saur

             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....

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25 Jan Werner v. Ondrus

             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....

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18 Jan Neyman v. Wouterse

             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. Bishop’s 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...

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15 Jan Nadeau v. Okanagan Urban Youth & Cultural Assn.

             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....

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10 Jan Stovel v. Paul

             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...

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