Our firm has collected and organized a number of personal injury court decisions in a publicly-accessible database, for use as a resource by law students, other lawyers and firms, as well as the general public. This database will include some of our firm’s results, as well as results from many other lawyers. For information about results from this firm only, please click here.
The British Columbia Supreme Court and the British Columbia Court of Appeal are the sources for all of the cases in this database; these cases are not official versions of the material produced, and were not made in affiliation with or the endorsement of the British Columbia Superior Courts.
The defendants, the Capital Health Region (CHR) and Ms. Kerri-Lea Dutrisac (Dutrisac) jointly apply pursuant to Rule 12-6(5)(i) and (ii) to set aside the Notice Requiring Trial By Jury filed by the Plaintiffs on November 17, 2005. 2.0 Background:...
The defendant, Capital Health Region (CHR) applies for an order pursuant to Rule 9-7 dismissing the plaintiffs claim against it. The plaintiffs oppose the application. The co-defendant, Kerri-Lea Dutrisac (Dutrisac) takes no position. I must note here that more recently, the plaintiffs have consented to a dismissal of their action against the defendant Crown as well as the five personal defendants who are employees of the CHR, Ivanka Lupenec, Diane Hart, Shelly Harnadek, Mary-Jane Kellington, and Marcia L. Thorneycroft, on the basis that in the event the Court finds any of the personal defendants at fault, the CHR will be vicariously liable for their negligence. ...
William Alan Vaughn was the victim of an assault that occurred in Kelowna on August 10, 2008. His assailant or assailants have not been identified. The assault occurred at the rear of the defendants establishment, known as the Blue Gator Bar and Grill....
THE COURT: This is an application by the defendants in this motor vehicle action for an order requiring the plaintiff, Dragana Breberin, to attend at a medical examination at the office of Dr. Stephen Wiseman at one o'clock on July 8, 2011, at St. Paul's Hospital. The purpose of that attendance is for Dr. Wiseman to examine the plaintiff and prepare a medical-legal report for the assistance of the defendants in addressing the plaintiff's claim at trial. There is agreement between the parties that the defendants are entitled to have the plaintiff attend at an independent medical examination by a psychiatrist and there is no challenge to Dr. Wiseman's specific qualifications to perform that examination. The issue before me is whether the examination of the plaintiff, if ordered by the court, should take place where the plaintiff resides, Edmonton, Alberta, or whether the defendants are entitled to choose the place of the examination as well as the expert who will conduct the independent medical examination....
At a Trial Management Conference (TMC) on March 31, 2011, I made an order adjourning the trial in this matter, which had been set for May, 2, 2010. I indicated that I would provide written reasons because the application raised a procedural question about the circumstances under which a judge at a TMC may hear and rule upon a contested adjournment application....
THE COURT: This is an application for production of Elizabeth Fry records in a personal injury case. These records relate to the abuse the plaintiff suffered as a child and, presumably, include confidential details of that abuse as well as recommendations of a counsellor. The production is being opposed on the basis that the records are not relevant and that they are privileged. The application is being brought under our new Rule 7-1(1). The relevancy test in the Supreme Court Rules has now narrowed to one of direct relevance, to use the words of the section, "to prove or disprove a material fact", and it is no longer a chain of inquiry test related to any matter in question. I am not satisfied that these records will assist in proving any material fact....
After a trial on the issue of liability only, I found the defendant James Martin to be 70% at fault for the accident in which the plaintiff was injured. I dismissed the action as against the defendant MacNutt Enterprises Ltd. I found that the plaintiff was contributorily negligent to the extent that she was 30% at fault for the accident. There is no dispute that the successful defendant is entitled to its costs, but several issues relating to costs have arisen.The applications...
The plaintiff, Perry Jampolsky, is a 28 year old Surrey resident injured in four separate motor vehicle accidents. The first three accidents occurred over the summer of 1999; the last accident occurred in August 2007. At the time of the first accident the plaintiff was 18 years old. He was accompanied in the vehicle by his brother, Marc, who has since settled his claims arising from the initial accident....
The plaintiff Kimberley Day, now 28 years of age, was involved in two separate motor vehicle accidents: July 9, 2006 and February 8, 2007. ...
The plaintiff by counterclaim in this action seeks damages against the estate of Lloyd Scott and his son, Stewart Scott (the Scotts), pursuant to s. 3 of the Occupiers Liability Act, R.S.B.C. 1996, c. 337....
Counsel for the defendants applies to be released from the implied undertaking as to confidentiality for documents originating in a previous action involving the plaintiff. The documents in question are in the possession of counsel for the defendants because he was counsel in the previous action involving the same plaintiff....
Pursuant to the provisions of the Family Compensation Act, R.S.B.C. 1998, c. 126, the Plaintiffs claim for general, special and aggravated or punitive damages arising out of the circumstances surrounding the death of Majencio Camaso on Sunday, July 11, 2004. At the time of his death, Mr. Camaso was 33 years old. The Plaintiff, Maria Teresa Camaso, was his wife. The Plaintiff, Christine Kate Camaso, was his daughter. Christine was almost 3 at the time of the death of her father....