26 Jul Pisani v. Pearce

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff Asiyya Pisani was injured in a head on collision on December 29, 2009. Liability is admitted. The only issue is damages. Ms. Pisani was 20 years old at the time of the accident and a full time university student. She graduates from university this summer and will be working this fall at Ernst & Young as a staff accountant. Ms. Pisani continues to experience intermittent symptoms of pain arising from the accident. One of the issues relates to the extent her symptoms may impact on her plans to becoming a chartered accountant.A.    THE ACCIDENT...

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24 Jul Cyr v. Blaine

Posted at 00:00h in Motor Vehicle Accident

             On June 6, 2012, following 2 ½ days of evidence and argument, I pronounced judgment on the issue of liability for a motor vehicle accident.  Quantum of damages had been agreed upon.  I found wholly in favour of the plaintiff.  The plaintiff now seeks double costs of all steps taken after delivery of an offer to settle on May 10, 2012....

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20 Jul Moll v. Parmar

Posted at 00:00h in Motor Vehicle Accident

             This is an application by the defendant before me in my capacity as the assigned trial judge not to admit into evidence the report of the economist, Robert Carson, dated June 28, 2012, served July 3, 2012. The defendant opposes the admissibility of Mr. Carson's report on the following basis. First, it was not served within the time limits for serving expert evidence as per R. 11-6(3) of the Supreme Court Civil Rules. Secondly, the opinion regarding the value of the plaintiff's financial dependency on his wife, Zlata Moll is not relevant to any of the issues raised in the pleadings filed to date. In the alternative, the defendant seeks an order adjourning the trial....

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19 Jul Hoy v. Harvey

Posted at 00:00h in Motor Vehicle Accident

             In the early evening of June 22, 2010, the plaintiff, Eric Hoy, was driving along West Georgia Street in Vancouver with his then girlfriend (now fiancée) Georgette Gutierrez in the passenger seat. They had come to a stop at a red light at Nicola Street....

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18 Jul Sheikh v. Struys

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Gohar Sheikh, and the defendant, Jason Struys, separately attended a Vancouver Canuck’s game in Vancouver in the evening of November 20, 2009. After the game, they both returned to a lot next to the hockey arena where they had parked their respective vehicles. They each then, along with many others who had attended the game, attempted to exit the parking lot to go home....

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16 Jul Moll v. Parmar

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff seeks to have the trial of this action heard by the court with a jury. The application was heard on July 12, 2012. It raises the issue as to whether under the Supreme Court Civil Rules, which came into effect on July 1, 2010, a party which did not file a jury notice may, nonetheless, rely on a jury notice filed by another party and secure a trial by jury by paying the required fees. In light of the pending trial date being August 13, 2012, I am delivering these oral reasons for judgment today. I reserve the right to edit these reasons although that process will not involve a change in the decision or in the reasoning....

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13 Jul St. Germain v. Jemmott

Posted at 00:00h in Motor Vehicle Accident

             Collette St. Germain’s back was injured on April 16, 2008, when a vehicle in which she was the front seat passenger was struck from behind by a runaway van at a gas station in Surrey, British Columbia....

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13 Jul Culos v. Chretien

Posted at 00:00h in Motor Vehicle Accident

             Six years ago the plaintiff was traversing a crosswalk in downtown Kamloops, B.C., when he was struck by the defendant’s car. Neither party saw the other until the moment of impact. Liability for the collision is in issue because, while the defendant acknowledges her own fault, she says that the plaintiff was contributorily negligent for failing to look out for his safety....

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