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....
The plaintiff slipped on a wet floor in the bathroom of the Nanaimo Burger King restaurant on May 4, 2010 and injured his right shoulder and right knee. The plaintiff initiated proceedings against several defendants but the proceedings against Fernco Developments Ltd., Norco Developments Ltd. and Burger King Restaurants of Canada Inc. were all discontinued. The only remaining defendant is Seacastle Enterprises Inc.ISSUES1) Liability2) General damages3) Loss of earning capacityLIABILITYThe Facts...
THE COURT: Following a four‑day trial of this wrongful dismissal action, the plaintiff was the successful party. Almost the whole of the trial focused on the defendant's allegations of cause. I concluded the defendants had not established cause and the plaintiff was entitled to reasonable notice of 12 months. I dismissed her more minor claims for aggravated and punitive damages, as well as a small tort claim for breach of privacy....
THE COURT: There are two applications before me. The first is a defence application for an authorization for the production of certain medical records of the plaintiff, and the next is an application that the plaintiff attend an independent medical examination with a neurologist.Application for an authorization for the production of certain medical records of the plaintiff...
The defendant, which I will refer to as Manulife, applies for an order disqualifying the plaintiff's counsel, Jan Fishman. The plaintiff's claim against Manulife is for benefits under a disability insurance policy. She also claims damages for breach of the insurer's obligation of good faith....
This is a personal injury action arising from an alleged encounter between two dogs: Max, a morkie and Sam, a golden retriever. The encounter is said to have occurred on November 14, 2013, when Ms. Burton was walking Max, on leash, in a residential neighbourhood in Parksville, B.C. The plaintiff alleges that she was charged at and pushed down to the ground by off-leash Sam. As a result of the fall, Ms. Burton suffered some serious injuries. Max is also said to have been injured by Sam in the melee. The defendants are Sams owners and deny virtually all of the plaintiffs allegations of fact....
This motor vehicle personal injury case deals with the consequences to the plaintiff, Kelly Litt, of injuries that she received from accidents that occurred in 2003 and 2010....
These are proceedings brought by the Solicitor under s. 70 of the Legal Profession Act[1] for the review of his account to Ms. Turner dated December 16, 2014. The account is for $4,840 fees and $5.10 disbursements; with taxes the total is $5,426.16. The entire amount remains outstanding and is disputed by Ms. Turner.BACKGROUND...
THE COURT: The defendant in this personal injury action applies for an order that the plaintiff attend a continuation of her examination by the defendant to take place within seven days of the order made for such continuation. The action is set for trial on November 30 for five days....
This matter comes before the court on a trial of liability alone, damages having been severed September 22, 2015 by Master Scarth....