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.
This is an action for damages arising out of a motor vehicle accident that occurred on March 16, 2005 in Surrey, B.C. at the intersection of 92nd Avenue and 132 Street. Liability is admitted by the defendants. The quantum of damages is the sole issue in dispute....
This is an application, brought by a Notice of Motion signed by Mr. Boyar as solicitor for the plaintiff. At the hearing, Mr. Boyar appeared along with Mr. Berardino, Q.C., who presented the oral argument. The application is to review the assessment of costs of District Registrar Sainty dated April 14, 2010, reported at 2010 BCSC 497 (the Decision)....
THE COURT: This is an application brought by the defendants for orders that Rule 15-1 cease to apply in this motor vehicle action, that the plaintiff submit to examination by two medical practitioners, first of all, by a physiatrist, Dr. Apel at 420, 1011 Glenmore Trail Southwest, in Calgary, Alberta, on February 18, 2011, and secondly, by a psychiatrist, Dr. Joy, with proposed dates for that examination on February 16 or 23 of 2011....
This is a claim by Ms. Kelly for damages as a result of a motor vehicle accident that occurred on April 29, 2008 (the accident)....
This is an action for damages brought by the plaintiff, Peter Schurmann, relating to a motor vehicle accident which occurred on January 10, 2006 in Langley, British Columbia. Both liability and quantum are in issue. The defendant, Bruce Jay Hoch, brings this application pursuant to Rule 18(A) of the Rules of Court seeking that the issue of liability only, be determined by means of a summary trial.2. Factual OverviewThe Accident...
The 36-year-old plaintiff, Robert Cripps, claims damages for personal injuries resulting from a motor vehicle accident on April 22, 2006. He was wearing his seatbelt in the front passenger seat of a Dodge 4 x 4 truck driven by his father-in-law, Glenn Olinek, travelling northbound on 168th Street in Surrey. The truck was struck on the right side, in a T-bone type impact, by the defendants car, which came through a stop sign at a high speed. The significant impact caused the truck to spin in a circle and fly across a ditch before landing on a lawn. Mr. Cripps was jolted and his body impacted the interior of the truck. Damage to the truck was extensive and the passenger door was jammed. Mr. Cripps was assisted out the drivers door. He was dazed. He was aware of impacts to his head and right knee, and felt severe pain in his rib cage. He had difficulty breathing and received oxygen from ambulance attendants. Following the advice of the ambulance attendants regarding a lengthy wait time at the hospital, he and Mr. Olinek took a taxi home....
The plaintiff appeals from the order of a Master made November 13, 2009 dismissing an application to add Republic Western Insurance Company (RWIC) as a defendant to this action, on the basis that the plaintiff failed to commence his claim against RWIC within two years as required by s. 103 of the Insurance (Vehicle) Regulation, B.C. Regulation 447/83, Part 7-Accident Benefits, made pursuant to the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231. The section reads:Limitation103(1) No person shall commence an action in respect of benefits under this Part unless(a) he has substantially complied with the provisions of sections 97 to 100 that are applicable to him, and(b) the action is commenced within 2 years after(i) the date of the accident for which the benefits are claimed,(ii) where benefits have been paid, the date he received the last benefit payment under this Part, or(iii) the date on which the corporation receives a notice under subsection (2).(2) If an insured makes a claim for benefits under this Part and the corporation has not made a payment in accordance with section 101, the insured may issue written notice to the corporation within 2 years of the date of the accident for which the benefits are claimed of the insured's intention to commence an action in respect of benefits under this Part.(3) A notice referred to in subsection (2) must be(a) in the form established by the corporation, and(b) sent by registered mail addressed to the claim office dealing with the insured's claim....
The plaintiff, Pamela OConnell, was seriously injured in a motor vehicle accident on November 27, 2007, when a tractor-trailer struck her Volvo and crushed it against a wall inside the Massey Tunnel near Delta, B.C. She suffered many injuries, including severe traumatic brain injury. She brings this action by her Litigation Guardian and husband, Barry OConnell....
This trial and judgment concern an assessment of damages arising out of a motor vehicle accident (MVA)....
The plaintiffs in these two actions apply to amend their statements of claim. (For ease of reference I will use the nomenclature in place at the time the pleadings were filed.)...
THE COURT: (Oral) This case arises out of a motor vehicle accident which occurred on November 16, 2007 on 222 Street in Maple Ridge. It was about 1:45 p.m. The weather was clear. The plaintiff was proceeding southbound on 222nd, just south of Dewdney Trunk Road. She made a left turn, intent on entering the Ground-Level Parking entrance to the Gordon Tower. Her vehicle was struck by a northbound vehicle driven by the defendant, Krystal Merrison, as she then was. The plaintiffs vehicle was a van, a Mazda MPV. The defendants vehicle was a Toyota Corolla. 222nd has one marked lane in each direction until northbound traffic reaches a point just before Dewdney Trunk Road. There, a solid white line extends 95 feet south, dividing traffic into lanes for right turning vehicles and vehicles going straight through or turning left. Exhibit 3 is a diagram, and Exhibit 1 photos. They lay out all of this....
THE COURT: On July 17, 2005, at approximately 5:00 to 5:30 a.m., the defendant, Talwinder Bassi, while driving eastbound on Highway 3A between the villages of Keremeos and Olalla, swerved off the travelled portion of the roadway across the paved shoulder and onto the gravel shoulder to his right. He then swerved sharply to his left, crossed the eastbound and westbound lanes of the highway crossing the paved shoulder and ending up on the gravel shoulder of the westbound lane. As he sought to correct his vehicle's momentum, it rolled over one complete revolution ending up with its rear wheels in the westbound lane's ditch and his front wheels on the westbound lane's shoulder....