07 Oct Galapia v. Northern Health Authority

Posted at 00:00h in Uncategorised

             A catastrophic post-surgical accident occurred on January 20, 2009 and resulted in a patient dying on January 29, 2009 at the Dawson Creek and District Hospital. This unfortunate accident led to a Special Case regarding vicarious liability and indemnity being put before me by two of the defendants, Solutions Staffing Inc. and the Northern Health Authority doing business as Dawson Creek and District Hospital. (I will call each of the parties respectively Solutions Staffing and the NHA)....

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04 Oct Kennedy v. Turtle Bay Marina Inc.

Posted at 00:00h in Uncategorised

             This is an application to add The Owners, Strata Plan KAS1913 (the “Strata Corporation”) as a defendant to this action, together with consequential amendments to the style of cause and notice of civil claim....

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19 Sep Abbott v. Glaim

Posted at 00:00h in Uncategorised

             This is an action for damages for personal injuries suffered by the plaintiff, Joyce Abbott, as a result of an alleged assault that took place in the early morning of March 25, 2006. Ms. Abbott claims that she was pushed backwards down an outside set of stairs by the defendant Lucy Glaim. The incident took place at a house in Moricetown, British Columbia where Ms. Abbott and Ms. Glaim were both attending a house party....

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10 Sep Morgan v. Sun Peaks Resort Corporation

Posted at 00:00h in Uncategorised

             The plaintiff, Catherine Morgan, was preparing to load onto a chair lift at the ski resort owned by the defendant Sun Peaks Resort Corporation when she fell.  The approaching chair lift was not stopped in time and she was run over by it.  She claims to have suffered personal injuries including dislocation of her right hip as a result.  She brings this claim against the defendant in negligence and based on the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [Act], and amendments....

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04 Sep Translink v. British Columbia

Posted at 00:00h in Uncategorised

             Translink has appealed the decision of Judge Wingham dated June 21, 2012 in Translink v. Her Majesty the Queen in Right of the Province of British Columbia, Provincial Court Action No. 1029231, Vancouver Registry (“Wingham Decision”). Translink’s appeal was heard at the same time as the appeal by Her Majesty the Queen in the Right of the Province of British Columbia (“Province”) of the decision of Judge Dohm dated July 31, 2012 in Her Majesty the Queen in Right of the Province of British Columbia v. Opel, Provincial Court Action No. C62487, Nanaimo Registry (“Dohm Decision”). The hearing of the appeals occupied two days....

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22 Aug Berekoff v. McMath

Posted at 00:00h in Uncategorised

             This assessment of costs follows upon the settlement of a personal injury claim that was subject to Rule 15-1(Fast Track Litigation). The settlement occurred approximately three months before the scheduled trial date....

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15 Aug Gulbrandsen v. Mohr

Posted at 00:00h in Uncategorised

             In reasons indexed at 2013 BCSC 959, I awarded the plaintiff in this personal injury action costs up to the date of the remaining defendant’s offer to settle, and double costs to the defendant thereafter. For the reasons I will describe below, I have concluded the award of double costs to the defendant ought to be reconsidered....

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06 Aug Luo v. De Chavez

Posted at 00:00h in Uncategorised

             This assessment follows upon the settlement of a personal injury claim that bi its terms provided that the Plaintiff was to recover her assessed costs and disbursements .The only matters in issue were two disbursements. A claim for postage that I have determined, and a claim for a medical report authored by Dr. Kleinman in the sum of $4,800....

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15 Jul Wettlaufer v. Air Transat A.T. Inc.

Posted at 00:00h in Uncategorised

             On April 10, 2009, the plaintiff was seated in the back row of an aircraft operated by Air Transat A.T. Inc. (“Air Transat”) as it landed in Cancun, Mexico, on its flight from Vancouver, Canada.  As the aircraft touched down and then braked, an unsecured food cart struck, with force, the back of the plaintiff’s seat.  The plaintiff suffered personal injuries.  The extent and duration of the plaintiff’s injuries were live issues at trial....

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