16 Apr Mattice v. Kirby

Posted at 00:00h in Uncategorised

             This case involves a significant claim for damages for personal injuries following a high impact collision on August 21, 2009. Of particular interest in this case is the dramatically different approaches taken by the medical experts for both sides. In spite of statements by these experts that they are aware of their obligations as expert witnesses under Rule 11-2(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, and their duty to assist the Court and not be an advocate for any party, in some cases it is clear that the temptation to become an advocate takes priority over the obligation to assist the Court.II.               BackgroundA.              The Plaintiff before the Accident...

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09 Apr Tomas v. Mackie

Posted at 00:00h in Uncategorised

             This hearing concerns the assessment of costs arising from a settlement of a personal injury action. The action was set to proceed to trial on April 14, 2014 and settled on March 6, 2014 with the Plaintiff accepting a formal offer that was delivered by the Defendants on February 20, 2014....

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02 Apr Foote v. Hallen

Posted at 00:00h in Uncategorised

             The defendants apply for an order pursuant to Rule 9-5 (1) of the Supreme Court Civil Rules that the plaintiffs’ claim be struck as disclosing no reasonable cause of action. The defendants’ basis for this application is that the impugned actions were taken in the course of judicial proceedings and on an occasion of absolute privilege....

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01 Apr Wallman v. Doe

Posted at 00:00h in Uncategorised

             THE COURT: On January 17, 2014, I issued my reasons for judgment in this personal injury matter. The citation is 2014 BCSC 79....

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20 Mar Phippen v. Hampton

Posted at 00:00h in Uncategorised

             THE COURT:  Counsel, I am prepared to give you my decision on the claim advanced for reimbursement of interest paid by the Plaintiff, Heather Phippen, to fund the necessary disbursements to pursue her personal injury claim....

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14 Mar Harvey v. Tooshley

Posted at 00:00h in Uncategorised

             These reasons address the assessment of costs in two personal injury actions governed by Rule 15-1 of the Supreme Court Civil Rules (“SCCR”). The style of cause in the second action is Harvey v. Phillips, Victoria Registry No. 11-4905 (the “Phillips action”). Brittany Harvey is the sole plaintiff in both actions. By order of the court, the trials in these actions were to be heard at the same time. The two actions were settled for a global figure about four days before the commencement of trial....

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10 Mar Morice v. Toronto-Dominion Bank

Posted at 00:00h in Uncategorised

             Mr. Morice sued the Toronto-Dominion Bank for injuries he says he sustained when he fell outside of one of the Bank’s branch offices. Much time has passed since his writ was issued, yet little has been accomplished on the file. The Bank now applies for an order that Mr. Morice’s action be dismissed for want of prosecution....

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07 Mar Bideci v. Neuhold

Posted at 00:00h in Uncategorised

             The following constitute my oral reasons for judgment with respect to the trial of this proceeding which took place on February 26-28, 2014....

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04 Feb Cantlie v. Canadian Heating Products Inc.

Posted at 00:00h in Uncategorised

             The plaintiffs apply for the production of documents by the defendants. This action has been brought pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50 [CPA] though it has not yet been certified. The plaintiffs seek both damages for injuries suffered and the recovery of fees paid for healthcare services. This application relates only to the first of those two claims....

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