13 Dec McCord v. Insurance Corporation of British Columbia

             THE COURT:  The plaintiff applies for a declaration that Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996, O. Reg. 403/96, s. 57(1.1) (the “Regulation”) does not apply to his application for benefits under an insurance policy  issued in Ontario to the parents of the plaintiff by the defendant Western Assurance Company (the “Western Policy”)....

Read More

12 Dec I.R. v. M.R.

             This is an application by I.R. under s. 17(1)(a) of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) [the Act] to vary a spousal support order made by Parrett J. on February 18, 1993 requiring him to pay to his ex-wife, M.R., $4,400 per month. I.R. asserts that his decision to “semi-retire” with his second wife, P.R., constitutes a material change in circumstances since the making of the original order. The relief sought by I.R. on his notice of application is immediate termination of the obligation to pay spousal support. In oral argument, counsel for I.R. conceded that immediate termination of spousal support was unrealistic and proposed a reduction in monthly support to $1,779 for a three year period, after which his obligation to pay support would come to an end....

Read More

12 Dec Sauer v. Scales

             On November 1, 2004, the plaintiff was injured in a motor vehicle accident involving the defendant.  At trial, the defendant was found fully liable and ordered to pay $334,796.87 in damages (an amount later adjusted to $286,176.37).  The facts are set out in my reasons for judgement indexed at Sauer v. Scales, 2009 BCSC 1250.  Subsequent applications concerning the calculation of damages are indexed as follows: 2009 BCSC 1311; 2009 BCSC 1705; 2010 BCSC 983; and 2011 BCSC 1261....

Read More

12 Dec Gulbrandsen v. Mohr

             The plaintiff was injured on January 2, 2010 when riding as a passenger in a car. Liability is admitted on behalf of the defendant, Blake Mohr and the action discontinued against Albert Boyd. The trial was for the purpose of assessing damages. The plaintiff’s injuries of significance where to her upper back. She also experienced dizziness which Dr. Stanley Mah, an ear, nose and throat specialist, described as “post-traumatic vestibular dysfunction.” This appears to have resolved within weeks of the accident. She continues to complain of pain in her upper back....

Read More

11 Dec Paskall v. Scheithauer

             After a 19 day trial of this personal injury action, a jury found the defendant 80 per cent liable for the plaintiff’s injuries, but awarded damages that will be less than 10 per cent of the defendant’s most recent formal offer to settle....

Read More

10 Dec Henshall v. Plona

             The plaintiff seeks an order that the jury notice in this matter be struck and that the trial, currently scheduled to commence on January 7, 2013 for 25 days, proceed before a judge alone....

Read More

06 Dec Pearlman v. Critchley

             The defendants Mr. Critchley, Ms. Hocoluk, Quinlan Abrioux, ICBC, Atlantic Trading Company Ltd. and Ms. Spence seek to have Mr. Pearlman’s action dismissed. The applicants assert the plaintiff’s claims are frivolous, vexatious and an abuse of the process of the court....

Read More