27 Jan Scheffer v. Everett

             This is an application by the defendants Upstairs Cabaret Ltd., Brad Billet, Paul Ducharme, and John Does #1 and #2 (the applicants) for an order pursuant to Rule 9-7 of the Supreme Court Civil Rules that the plaintiff’s action against them be dismissed and that liability be apportioned between the parties.  In the alternative, the applicants seek an order that the issues of liability and damages be severed pursuant to Rule 12-5(67) so that the matter would proceed to trial on the issue of liability of the applicants with the issue of damages to be tried later if necessary.  The plaintiff is opposed to the application....

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24 Jan Paquette v. School District No. 36 (Surrey)

             The issue in this case is whether the defendant Board of School Trustees is liable to the plaintiff, Owen Paquette, for injuries he suffered when he fell off the roof of Peace Arch Elementary school on March 4, 2008. The plaintiff alleges the defendant was negligent and breached its duties under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [OLA]. The plaintiff acknowledges partial liability but submits the defendant should be found between 60-75% liable for his injuries....

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13 Jan Doucette v. McDaniel

             On August 2, 2008, the plaintiff, Bruce Doucette, was injured in an unfortunate accident when he fell down an unprotected stairwell (“the Stairwell”) in a residence on Pender Island, British Columbia. The waterfront residence on Pender Island is owned by the defendant, Mary Ann McDaniel....

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20 Nov MacKandy-Gray v. London Drugs Limited

             The plaintiff in this action, Marlene MacKandy-Gray, seeks a finding of liability and damages against the defendant, London Drugs Limited, for injuries she sustained when she fell in the London Drugs store premises located in the Spall Plaza at 400 - 1950 Harvey Avenue in Kelowna, British Columbia.  The incident took place around 11:00 a.m. on December 26, 2008....

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04 Nov Visona v. Stewart

             The plaintiff, Ms. Visona, claims damages arising from a low-impact collision which occurred on November 23, 2009 in Surrey, B.C. (“the accident”). Liability is admitted and only causation and the extent of various heads of damage were in issue at trial. Ms. Visona seeks damages for pain and suffering, special damages, and damages for loss of past and future income.I.                 FactsA.              The Accident...

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10 Oct Dhillon v. Jaffer

             In my reasons for judgment (2013 BCSC 1595), I awarded Mr. Dhillon damages for loss of opportunity of $5,000 and general damages of $40,000. I did not award court order interest on either amount. Mr. Jaffe, counsel for Mr. Dhillon, submits that I should have ordered interest on both, as they are both pecuniary judgments. Mr. Macdonald, counsel for Mr. Jaffer, takes the opposite view, submitting that I should not include court order interest on those two portions of my judgment....

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