15 May Jamieson v. Moskaleva

             The law firm of Murray Jamieson (“the firm”) obtained a registrar’s certificate for unpaid legal fees totalling $32,482.76, including interest and costs. That amount has now been paid into court as a result of a garnishing order directed to an investment management firm that held funds for the client, Natalia Moskaleva....

Read More

11 May Foster v. Kindlan and Pineau

             The Plaintiff Tracy Lynn Foster (“Ms. Foster”) alleges she was injured in two motor vehicle accidents which are admitted to be the result of the negligence of the Defendants.  She is currently a licensed practical nurse (“LPN”) but was formerly employed as a personal trainer and exercise instructor.  ...

Read More

09 May Kimber v. Wong

             THE COURT:  The plaintiff, Jamie Kimber, claims damages for injuries he sustained on June 14, 2008, when his bicycle collided with a motor vehicle driven by the defendant Nyuk Yeut Wong and owned by her husband, the defendant Jackson Tong....

Read More

08 May Hopp v. Lopez

             THE COURT:   The defendant applies for a further examination for discovery of the plaintiff on the basis that questions asked were objected to without valid reason. In addition, the defendant seeks restrictions on intervention by plaintiff's counsel at any resumed discovery and prohibitions on plaintiff's counsel discussing with his client matters which were addressed at the first examination....

Read More

04 May Yungen v. Fraser Health Authority

             The plaintiff, Ingrid Yungen, fell from a hospital operating table four years ago while unconscious. She claims damages for injuries resulting from that incident. The defendant Providence Health Services Authority operates St. Paul’s Hospital and is the only remaining defendant. The defendant Sirvonova was never served and the action was discontinued against all other defendants.ANALYSISA.              What injuries has Ms. Yungen sustained?...

Read More

03 May Chandler v. Gomez

             THE COURT:  This is an application brought by the defendant Raquel Gomez for an order, to use the terms of the application, that this matter "be brought to trial as the issue of liability is in question."...

Read More

27 Apr Fric v. Gershman

             In a notice of application filed February 9, 2012, the defendants ask for the following order:1.  The Plaintiff to produce and deliver to the solicitor for the Defendants a complete copy of the Plaintiffs Facebook profile website, including all photographs and information relating to those photographs such as the dates on which each photograph was added and all comments related to the photographs, posted from November 18, 2008 to the present time, within 14 days of the date of this order;2.  The Plaintiff to produce and deliver to the solicitor for the Defendants copies of all photographs in her possession or control, taken on vacation or otherwise, in which she is featured, from November 18, 2008 to the present time, within 14 days of the date of this order;3.  The Plaintiff to produce and deliver to the solicitor for the Defendants the metadata associated with any digital photographs in her possession or control, taken since November I8, 2008 to the present time, in which she is featured, within 14 days of the date of this order. And4.  The Plaintiff to pay the Defendants’ costs of this application in any event of the cause....

Read More

27 Apr Antonishak v. Piebenga

           This is a personal injury action arising from a motor vehicle accident which occurred at an intersection in Downtown Kelowna on February 16, 2008. Liability is admitted. That left assessment of appropriate damages.The Background...

Read More

26 Apr ICBC v. Stainton Ventures Ltd.

           The defendant operates a commercial website called ICBCadvice.com, self-described as "a completely FREE online resource outlining all the issues and complications you may encounter when dealing with ICBC - from start to finish."  It asks visitors, “ICBC is ready.  Are you?”...

Read More

26 Apr Walker v. Doe

             THE COURT:  The two issues addressed in these reasons arose late yesterday afternoon while counsel and I were reviewing both my draft charge to the jury and the draft questions that they had prepared....

Read More