There are two applications before the court. First, the defendant applies to reopen the case to argue an authority which was not brought to the attention of the court and which, it says, is binding on the court. Second, the plaintiff argues that it should be entitled to costs at higher than Scale B, commencing one or two years earlier than the date conceded by the defendant.II. Application to Reopen...
Damages were assessed in this action in reasons indexed at 2014 BCSC 1687. The plaintiff had suffered injuries in three accidents. On September 5, 2014 I assessed damages at $85,159. The plaintiff had served a formal offer to settle on March 25, 2014 for $85,000. Replying on Rule 9-1(5)(b) the plaintiff now seeks double costs from the date of the service of the offer. I am not persuaded an award of double costs is appropriate....
The plaintiff, Jafar Jasem Zadeh Ranjbar (Ranjbar), the chief cook on the vessel Iran Mazandaran (the vessel), fell from a gangway owned and operated by the defendant, Prince Rupert Grain Ltd. (PRG), when he boarded the vessel as it was docked in Prince Rupert on the night of October 26, 2009. He fractured his right femur. The plaintiff claims in negligence against PRG and the defendant, the owner of the vessel, Islamic Republic of Iran Shipping Lines (IRISL). The in rem claim against The Owners and All Others Interested in The Ship (And/Or Other Property) was not served....
THE COURT: This matter involves a proposed class proceeding under the Class Proceedings Act, R.S.B.C. 1996, c. 50 (the Act)....
The plaintiff applied for a summary trial of the issues in this defamation action, pursuant to Rule 9-7 (2) of the Supreme Court Civil Rules. The defendant did not challenge the suitability of the matter for a summary trial. As the following summary of the facts will reveal, the only remaining issue at the conclusion of the hearing was the assessment of damages. The plaintiff seeks general damages, aggravated damages, punitive damages and special costs.Factual Background...
The plaintiff, Amanda Ladas, seeks certification of a class proceeding against the defendant, Apple Inc., in relation to mobile communication and media devices that use an operating system described as iOS4. The devices in issue are the iPhone 4, iPad, iPod, iPhone 3G and iPhone 3GS. I will refer to these as the iDevices. The plaintiffs claims concern the Location Services capabilities of iDevices using the iOS4 operating system. ...
This is a petition pursuant to s. 86 of the Trustee Act, R.S.B.C. 1996, c. 464. The Bank of Nova Scotia Trust Company (Scotiatrust) is the trustee of the X.R. Trust (the Trust) which aws established on March 10, 1999. It seeks the direction of the Court on a question respecting the administration of trust property....
At age 31, on February 28, 2011, Ryan Rosso was driving a small delivery car in Vancouver, as part of his employment, when another driver heading in the same direction in the lane to his left, Mirriam Balubal, changed lanes and drove into the drivers side of his car. ...
This is an appeal by the plaintiff from a Masters decision, sitting as a Registrar, involving a costs assessment in a personal injury action....
This is a summary conviction appeal pursuant to s. 830 of the Criminal Code, R.S.C. 1985 c. C-46 in relation to a decision of a judge of the Provincial Court of British Columbia convicting the appellant of assault with a weapon, contrary to s.267(1)(a) of the Criminal Code (Count 1). A conditional stay was entered on Count 2, possession of a weapon for a purpose dangerous to the public peace contrary to s. 88(1) based on the principles in R. v. Kienapple, [1975] 1 S.C.R. 729. In both counts the alleged weapon was stated to be a pipe. In relation to the conviction for assault with a weapon the appellant received a suspended sentence with probation for two years.II. Background...