Xun Yi (Vic) Yang was struck and injured by a vehicle while he was crossing Bridgeport Road in Richmond, B.C. as a pedestrian on December 6, 2007. Mr. Yang was using a marked, signalized crosswalk at the time. The driver of the vehicle was the defendant Bill Chan....
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....
The 31-year-old plaintiff, Leah Christine Stewart, seeks damages from the defendants, Daniel Dueck and Sumas Transport Inc., arising from a motor vehicle accident that occurred on June 2, 2010, at the intersection of 176th Street and 16th Avenue in Surrey, British Columbia (the Intersection)....
The plaintiff, Jeremy Cummings, seeks an award of damages for injuries suffered by him in a motor vehicle collision that occurred on September 8, 2008. His damage claims fall into several categories....
On January 13, 2009, the plaintiff, Christel Lee Warner, was driving her car west on Columbia Street in Kamloops, British Columbia. At or near the intersection of Columbia Street and 6th Avenue, a small truck driven by the defendant, Stephen Ward Cousins, and owned by the corporate defendant, turned left in front of her causing her to collide with the passengers side of the truck. Upon impact, the airbags in the plaintiffs vehicle deployed. The plaintiff was wearing a seatbelt, but she suffered injuries....
In the fall of 2008 Mr. Kulak went on vacation to Arizona. Before leaving B.C., he applied for and believed that he had purchased travel insurance from Reliable. The insurance was intended to indemnify him for medical expenses while he was away. In November 2008, Mr. Kulak was injured when the bicycle he was riding collided with a car. He was hospitalized and incurred medical expenses totaling $167,140 for treatment of his injuries. That sum includes the $18,000 USD cost of his medi‑vac flight from Arizona to B.C. Those expenses are properly within the scope of indemnity offered by Reliables policy. Reliable has refused to honor the insurance policy, citing an error in Mr. Kulaks application. That error, Reliable says, was Mr. Kulaks misrepresentation of a fact that was material to the risk insured by the policy. Reliable says that the misrepresentation rendered the insurance policy voidable....
This is an action for personal injuries as a result of a motor vehicle accident that occurred on April 28, 2010. The plaintiff, Christian Ludwig, was the front seat passenger in a vehicle that was rear-ended by the vehicle driven by the defendant, Sergio Frighetto. Liability is not an issue. The plaintiff claims the following heads of damage:(a) non-pecuniary loss;(b) past wage loss; and(c) loss of future earning capacity.Facts...
The 58-year old plaintiff, George Hunt, was involved in two motor vehicle accidents, one on October 28, 2004 (the 2004 Accident), and the other on November 28, 2007 (the 2007 Accident). In these reasons, I will refer to these two accidents collectively as the Accidents. The defendants admit liability for the Accidents....
THE COURT: The plaintiff applies for leave to extend the time within which an application may be brought to strike the jury notice and for an order striking the notice in this case on the grounds the issues require the prolonged examination of documents and accounts or a scientific investigation that may not be conveniently conducted by a jury and on the ground the issues are of a complex character.History of the Proceedings...
The parties have applied to settle the terms of the order that ensues from a jurys verdict made on February 3, 2012. That verdict followed a ten day trial. The parties have agreed on a number of necessary and relevant calculations that arise from the jurys award. They do not agree on an appropriate order regarding costs.The Jurys Verdict and Subsequent Calculations...