06 Dec Moll v. Parmar

Posted at 00:00h in Motor Vehicle Accident

             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....

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05 Dec Dann v. Dhaliwal

Posted at 00:00h in Motor Vehicle Accident

             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...

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04 Dec Boutin v. MacPherson

Posted at 00:00h in Motor Vehicle Accident

             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....

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04 Dec Carson v. Henyecz

Posted at 00:00h in Motor Vehicle Accident

             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...

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03 Dec Nemoto v. Phagura

Posted at 00:00h in Motor Vehicle Accident

             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....

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30 Nov Johnson v. Kitchener

Posted at 00:00h in Motor Vehicle Accident

             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....

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29 Nov Rezaei v. Piedade

Posted at 00:00h in Motor Vehicle Accident

             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....

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28 Nov Sun Life Assurance Company of Canada v. Catalano

Posted at 00:00h in Motor Vehicle Accident

             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”....

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23 Nov Akbari v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             On December 8, 2010, the plaintiff was driving on Nordel Way in Delta when the vehicle he was driving collided with a light standard.  Although the direction in which he was travelling would most accurately be described as north-easterly, for the sake of convenience, and because it will make no difference to the narrative, in these Reasons I shall refer to Nordel Way as a north-south street and 84th Avenue as an east-west avenue.  Mr. Akbari was north-bound on Nordel Way, heading out of Delta towards Surrey....

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