On March 15, 1983, a jury convicted the plaintiff, Ivan Henry, of ten sexual offence counts involving eight complainants. On November 23, 1983 the trial judge declared the plaintiff a dangerous offender and sentenced him to an indefinite period of incarceration....
This is an application by the plaintiff, Her Majesty the Queen in right of the Province of British Columbia (HMTQ) for an order that:1. The pleadings of the defendant, Louis Peter Tekavec, be dismissed and this action proceed as though no Reply had been filed by him.Or in the alternative;2. Both Edward Alexander Jack and the defendant, Louis Peter Tekavec, are released from an implied undertaking arising in the litigation decided in Jack v. Tekavec, 2010 BCSC 1773.3. The defendant, Louis Peter Tekavec, must list the discovery transcripts and any other relevant documents received from Edward Alexander Jack or created in the litigation decided in Jack v. Tekavec, 2010 BCSC 1773 or his List of documents as appropriate relative to their content.4. Edward Alexander Jack may release to the plaintiff documents or discovery transcripts received from the Louis Peter Tekavec or created during the litigation decided in Jack v. Tekavec, 2010 BCSC 1773.5. The plaintiff may make use of the discovery transcripts from Jack v. Tekavec, 2010 BCSC 1773 as if the discovery evidence had been given in this action.And in either case:6. The plaintiff is entitled to the costs of this application from the defendant.Background...
Mr. Witt is a fire truck salesman. He claims damages for losses he suffered as a result of an incident (Fall) at the Vancouver International Airport (Airport) on December 8, 2006. Mr. Witt states that he stepped through a gap between two metal plates on the roadway as he was walking towards a shuttle bus that would take him to his vehicle which was parked in a long-term parking lot. The metal plates were in place on a temporary basis as construction proceeded on the Canada Line construction at the Airport. The work at this particular area involved the relocation of underground utilities with the metal plates covering the gravel that had been placed over the excavated area to create a temporary roadway to cover the work being undertaken....
This is an application by the plaintiff, Barbara Anne Glenn, in both Action No. M112542 and Action No. S113276, for an order substituting Viking Air Ltd. (Viking Air) in the place of the defendant, ABC Corporation, or in the alternative, an order adding Viking Air as a defendant....
Arising out of the settlement of the infant plaintiffs tort claim, her lawyers, Acheson Whitley Sweeney Foley (the law firm), seek court approval of their fees. At a separate hearing on April 16, 2012, I approved the settlement of the infants claims for $13,000,000. However, I bifurcated the process insofar as legal fees are concerned and directed a separate hearing on June 29, 2012. Counsel for the law firm and for the Public Guardian and Trustee (PGT) participated in the hearing and, at its conclusion, I reserved judgment. These are my reasons for judgment....
In March 2002, Mr. Cocco, the principal of the plaintiff company, Trinden Enterprises Ltd. (Trinden), entered a contract to purchase two acres of vacant industrial land at 1368 Kingsway Avenue, Port Coquitlam. The defendant Mr. Ramsay refused to complete the sale in mid-May 2002. The plaintiff company sued for specific performance. In February 2004, Meiklem J. held that the plaintiff was entitled to damages and not specific performance. This decision is indexed at 2004 BCSC 226. An assessment of damages was overturned on appeal and led to this re-trial. I find that the plaintiffs are entitled to damages for the reasons that follow.The Parties...
The bankrupt, Mr. Tjelta, applies for discharge from bankruptcy. His discharge is opposed by the Trustee and by Her Majesty the Queen in Right of Canada. He made a voluntary assignment on July 20, 2009. This is Mr. Tjeltas first bankruptcy. Mr. Tjelta is 42 years old. For ten years prior to bankruptcy, he was a self-employed construction foreman. He is separated from his wife and has an ongoing maintenance obligation to his 16-year-old child. Mr. Tjelta is in a new partnership now, and he and his new partner have two small children. His new partner is unable to work outside the home....
The issue is whether the plaintiff and an authorized representative of the defendant entered into a binding settlement of this action. The defendant pled the following in its amended statement of defence:16. In further answer to the whole of the Statement of Claim, the Defendant pleads accord and satisfaction and says that on or about December 16, 2010, the Plaintiff entered into a Settlement Agreement with counsel for the Defendant wherein the Plaintiff agreed to accept the sum of $1,400 in full satisfaction of this claim....
THE COURT: This is an application by the defendant in this personal injury claim for an order that the plaintiff be examined by an ear, nose, and throat specialist, Dr. Bell. That examination, the defendant says, should be preceded by balance testing at a unit of the Vancouver General Hospital, where they are currently equipped to do the balance testing....
At the Case Planning Conference in these matters two questions arose and I took the unusual step of reserving on them. Broadly speaking Mr. Pettit for the defendant Norlander requests an order directing the plaintiff to deliver particulars of special damages to date. In the other action Mr. Alma seeks directions under Rule 5-3(1) that the plaintiff ...