06 Dec Moll v. Parmar

             This is an appeal from a Master's order of November 9, 2012 granting a defence application under Rule 7-6 of the Supreme Court Civil Rules (the “Civil Rules”) for an order that the plaintiff attend independent medical examinations (“IME”s) by physiatrist, Dr. Craig and a neuropsychologist, Dr. Williams. The plaintiff was examined by Dr. Craig on November 13, but on November 14, 2012 the Master's order was stayed by the assigned trial judge pending appeal, so the plaintiff has not attended to be examined by Dr. Williams....

Read More

05 Dec Dann v. Dhaliwal

             These applications concern the right of a plaintiff to examine the corporate representative of its choosing in circumstances in which two actions have been commenced arising out of the same motor vehicle accident and the respective plaintiffs are represented by separate counsel. The defendants on this application submit that they are entitled to put forward the same individual in each action. The plaintiffs submit that they should be free to choose in each action the corporate representative they wish to examine.BACKGROUND...

Read More

04 Dec Boutin v. MacPherson

             On Friday, January 23, 2009, Mr. Boutin was driving southbound on Nanaimo Street in Vancouver, in the lane closest to the center line.  Mr. Boutin is entitled to take every third Friday as a non-working day and was off work on January 23.  He had driven from his home in Yaletown and was driving to a restaurant at Nanaimo and Kingsway to meet a friend for lunch....

Read More

04 Dec Carson v. Henyecz

             Ms. Carson was injured in a motor vehicle accident when her mother backed into her while she was standing in the driveway of her mother’s home. Her mother was found to be 100 percent liable when the issue of liability was tried earlier this year. This decision deals with the assessment of damages. This assessment is complicated by Ms. Carson’s long history of ongoing psychological problems.BACKGROUND...

Read More

03 Dec Nemoto v. Phagura

             The plaintiff Rui Nemoto seeks damages for injuries in a motor vehicle collision that occurred on August 27, 2008. She was 13 years old at the time and was a front seat passenger in a car driven by her mother. Her brother was in the back seat. The car was stopped at a red light when it was hit from behind by the defendants’ truck. Liability is not in issue....

Read More

30 Nov Johnson v. Kitchener

             Dean Johnson was involved in two motor vehicle accidents, one on December 17, 2007, and the other on June 15, 2008. Liability has been admitted by the defendants in both actions. The only issue is what amount of damages Mr. Johnson is entitled to....

Read More

29 Nov Rezaei v. Piedade

             This action arises from a motor vehicle accident in which the plaintiff, Ms. Ahla Rezaei, was injured. The accident occurred on March 20, 2009 at the intersection of Imperial Street and Waverly Avenue in Burnaby, British Columbia (the “Accident”). Liability for the Accident was admitted by the defendants. The trial occupied three days. The plaintiff called eight witnesses, four of whom were experts. The defendants called no evidence....

Read More

28 Nov Sun Life Assurance Company of Canada v. Catalano

             The defendant, Joseph Catalano, worked for the plaintiff Teck Cominco Metals Ltd., most recently as a crane operator, from 1977 until February 6, 2003. Teck Cominco Metals Ltd. changed its name to “Teck Metals Ltd.” on June 1, 2009. I will refer to this plaintiff as “Teck Metals”....

Read More

23 Nov Brook v. Tod Estate

             THE COURT: On July 2, 2008, at about 8:30 in the morning, a collision occurred on the Trans-Canada Highway at a location known as Kault Hill near Salmon Arm between a Toyota Camry driven by James Francis Tod and a Dodge pickup truck driven by Colin James Brook. Mr. Tod was killed in the collision. The plaintiff was a passenger in the Dodge pickup driven by her husband. In response to a notice to admit delivered by the plaintiff to the defendant, Mona Ruth Tod, as executor of the estate of the late Mr. Tod and to the defendant, Kora Goodrick, both those defendants admit that the accident occurred as a result of one or both of their negligence and that they are, in the language of the notice to admit, individually or jointly and severally 100 percent liable for the injuries and loss suffered by the plaintiff as a result of the accident. By consent, the action has been dismissed against Mr. Brook and he has been removed from the style of cause. The trial of liability as between the remaining defendants was severed from the damage claim with that assessment to be addressed at a later date. The hearing this week has been conducted for the purpose of determining the respective degrees of fault of the defendants....

Read More