Welcome to the Acheson Sweeney Foley Sahota personal injury case law database.

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.




McIlvenna v. Viebig

             On January 12, 2011, I heard the plaintiff’s application to re-open a trial.  The five day liability trial started on August 30, 2010, and completed on September 3, 2010.  Judgment has been reserved. ...

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Brooks v. Gilchrist

             This is an application for costs following my reasons dated May 14, 2010 [2010 BCSC 685], which were delivered following a trial of two motor vehicle accidents, which took place in January and February 2010 over six days....

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Bransford v. Yilmazcan

             The plaintiff was awarded damages by a jury in her claim against the defendants in relation to personal injuries she suffered in a motor vehicle accident.  The accident occurred on May 6, 2005.  The jury trial completed on October 28, 2009.  The defendants appealed the jury award.  The Court of Appeal reduced the jury’s award for non-pecuniary damages but otherwise left the damages awarded by the jury intact....

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MacKenzie v. Rogalasky

             The plaintiff, Robert MacKenzie, claims damages for soft tissue injuries he sustained in a motor vehicle accident on April 10, 2003, (the “accident”) when his vehicle was struck by Mr. Rogalasky, the defendant in these proceedings, while at the intersection of Burrard St. and Georgia St. in Vancouver, British Columbia....

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Kasendi v. Cecil Hotel Ltd.

             On January 6, 2006, Kalev Kasendi was ejected from the exotic show lounge at the Cecil Hotel by Hooman Mihanyar, its lounge security manager, and other security staff....

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Zawadzki v. Calimoso

             On September 17, 2004, the plaintiff, Mr. Zawadzki, was struck from behind by a U-Haul truck driven by the defendant Mr. Calimoso. At the time, he was walking north on 20th Street in New Westminster, British Columbia (the “Accident”). Mr. Calimoso denied liability throughout the trial. At the beginning of closing submissions, liability, subject to Mr. Zawadzki’s potential contributory negligence, was admitted. The various distinct issues raised in this case are identified in the index found on the first page of these reasons.B)       The Accident and Contributory Negligence...

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Derbyshire v. ICBC

             THE COURT:  The claimant seeks declarations against the defendant, Insurance Corporation of British Columbia, of her entitlement to reinstatement of temporary total disability benefits and to ongoing physiotherapy and massage therapy benefits as afforded by Part 7 of the Regulations to the Insurance (Motor Vehicle) Act.  The claimant has complained since her accident of significant neck discomfort and also numbness in her left thumb, symptoms which she says now disable her and have continued since the accident to disable her from her employment.  ICBC opposes the application on the grounds that the claimant is not totally disabled from her employment and, alternatively, that her present injury was directly or indirectly caused by a pre-existing, albeit, at least in part, asymptomatic condition, specifically pre-existing degenerative changes in the cervical spine, bringing the claimant within the exclusion under s. 96(f) of the Regulations....

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Chen v. Beltran

             On March 10, 2010 I issued reasons for judgment dismissing the litigation guardian’s action for damages on behalf of her son Allan Chen arising from an accident in which he sustained serious injury (the “Accident”).  The Accident occurred on February 27, 2006 when Allan, riding a skateboard, entered the intersection of 10th Street and Royal Avenue in New Westminster and was struck by a car operated by the defendant Mr. Beltran.  The trial proceeded on the issue of liability only with quantum of damages to be determined once the issue of liability was decided.  The plaintiff admitted Allan was partially responsible for the Accident but submitted the defendants were also at fault....

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Lenko v. Lenko

             Mari-Anne and Dan Lenko were married on September 22, 1990.  They have two children, a daughter A, who is 15, and a son M, who is 13.  The couple separated in August 2007.  Ms. Lenko is 44; Mr. Lenko is 54....

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Jampolsky v. Shattler

             On March 21, 2010, I issued reasons for decision granting the applicants, the defendants in this action, special costs relating to a contempt application brought against them by the plaintiff, Mr. Perry Jampolsky:  Jampolsky v. Shattler, 2010 BCSC 408 [the “Costs Decision”]....

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Hamilton v. Demandre

             THE COURT:  In this personal injury action, the defendant seeks an order that the plaintiff attend and submit to (a) an independent medical examination with Dr. Desmond Bell on January 7, 2011, at 12:00 p.m., and (b) balance testing conducted by Art Malinson at 8:00 a.m. that same day....

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