The plaintiff, Cheryl Letain, suffered a broken ankle as a result of a fall on an articulated ramp leading to the dock of a fishing lodge owned and operated by the defendants: Quatsino Lodge Ltd., Walter Schoenfelder and Jean May Schoenfelder. Ms. Letain claims that the defendants are liable for damages based on the condition of the articulated ramp pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337....
This action concerns a dispute between neighbouring property owners in North Vancouver over encroachments resulting from a stairway, deck and septic tank attached to the plaintiffs house but built on the defendants land. The plaintiffs septic tank encroaches by .75 m over the defendant Bartletts land. The plaintiffs stairway and deck area to the side of his house encroached about three feet on the defendant Bartletts property....
This is an application by the defendants, Handa Travel Student Trip Ltd. and S-Trip! (collectively the Handa defendants) for leave to file a third party notice and for an extension of the time within which to serve that third party notice for a period of one year...
The defendant Canada, representing Transport Canada, objects to the admissibility of an expert report tendered by the plaintiff from Mr. Clifford Neudorf, the recently retired Superintendent of Transport Canadas Aircraft Evaluation Group, National Aircraft Certification and Maintenance & Manufacturing. Canadas objections relate to both to qualifications and to deficiencies in the report itself....
Economical Mutual Insurance Company (Economical), seeks an order, pursuant to Rule 9-7 of the Supreme Court Civil Rules, that the Third Party Notice that Mr. Gill filed against Economical on June 12, 2015, be dismissed. In that Third Party Notice, Mr. Gill seeks insurance coverage from Economical. In particular, Mr. Gill seeks a declaration that he is entitled to insurance coverage under an insurance policy issued to him by Economical (the Policy), and that he is entitled to indemnification under the Policy for both his legal expenses incurred in defending himself, as well as for any judgment that may be rendered against him under the various third party claims that have been made against him....
THE COURT: This is an application to adjourn a trial set in this personal injury action for April 11, 2016, for three weeks with a jury. There is a concurrent application to transfer the proceeding to Vancouver. By the time this trial is heard, if it proceeds as scheduled, it will have been five years since the subject accident....
Ms. Litt, the plaintiff in this matter, is seeking double costs from the dates of delivery of three formal offers to settle, preferably (in her counsel's submission) from the date of the earliest offer....
On December 14, 2012, Philip Nerland (the plaintiff) went to the Yaletown branch of the Toronto-Dominion Bank (the defendant) to meet with Mark Beirnes. The two men met in Mr. Beirnes office, then relocated to the public area of the branch. The plaintiff sat down on a chair at the sit down wicket while Mr. Beirnes went to another area of the bank. The plaintiff alleges that as he leaned forward to take hold of some documents on the desk in front of him, the chair went out from under him. The plaintiff fell to the floor, striking his head, neck, elbow and shoulder. He sustained serious injuries....
On May 5, 2013, Mr. Wong was driving in Abbotsford to meet a real estate client. He was stopped at a red light when the vehicle behind his vehicle was hit by a truck and was pushed into the back of his vehicle. He sustained soft tissue injury to his neck which has not completely resolved by the time of trial which is two years and seven months later. Mr. Wong was 69 years of age at the time of the accident and in very good health. His health remains good but he still suffers from periodic neck pain and stiffness....
The trial of this personal injury action commenced on October 21, 2013 and continued for six days. On October 10, 2014, I issued Reasons for Judgment, (2014 BCSC 1915). I awarded the plaintiff, Mr. Zhao, $12,000 for special damages, $9,700 for the cost of future care, and $70,000 for non-pecuniary losses, for a total award of $91,700....