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.




Luvera v. Benedict

             THE COURT:  This is a motor vehicle accident case involving a collision between the plaintiff motorcyclist striking the defendant negotiating a left turn in a controlled traffic light intersection.  At issue is the appropriate apportionment of liability.  I have concluded that liability should be apportioned equally.  These are my reasons. The Background...

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Mund v. Braun

             The defendant seeks orders pursuant to Rules 7-6 of the Civil Rules of Court that the plaintiff submit to a medical (neurological) examination by Dr. V. Makin on Friday, December 3, 2010 at 9:30 a.m. at #201 – 527 – 17 Street, West Vancouver, British Columbia. The plaintiff consents to that, but objects to extending it to include electro-diagnostic testing Dr. Makin wishes to conduct, should his clinical examination and history taken from the plaintiff lead him to see it as necessary to form or confirm his diagnosis....

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Brooks-Martin v. Martin

           On November 18, 2010, at the close of the plaintiff’s case, counsel on behalf of the defendant MacNutt Enterprises Ltd. made a no evidence motion on behalf of his client. After considerable argument, this application was abandoned. But the application was renewed, after the defendant James Martin elected to call evidence, did call evidence and closed his case. On November 22, 2010, I gave a relatively brief oral ruling in which I dismissed the no evidence motion, and said that I would file written reasons to explain my decision, at a later date....

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Warkentin v. Riggs

           Crystal Warkentin claims damages for injuries that she sustained in a motor vehicle accident (the “accident”) on March 14, 2005. She was driving west on Old Clayburn Road near the intersection of Old Clayburn Road and Immel Street in Abbotsford. She was driving a 2001 Mazda MX5 vehicle. Glenda Riggs, the defendant, was driving a Ford Ranger pickup truck. The pickup truck struck the Mazda on the passenger side, damaging it from the rear wheel well to the front wheel well. The force of the impact propelled the Mazda to the south, across the eastbound lanes of traffic. The Mazda came to rest on the south side of Old Clayburn Road to the west of the point of impact. The defendant admits liability for the collision....

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Hans v. Volvo Trucks North America Inc.

           This is an application by the defendant N. Yanke Transfer Ltd. (“Yanke”) pursuant to Rule 21-8(1)(b), formerly Rule 14(6)(b), for a stay or dismissal of this action in British Columbia on the basis of a forum selection clause favouring the law of Saskatchewan contained in their contract with the plaintiffs....

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Bergman v. Standen

           The plaintiff was injured in a motor vehicle accident on February 28, 2006. Liability for the accident is admitted. The matter is before the court for an assessment of damages.The Accident...

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Moini-Shirazi v. Sun

             THE COURT:  The plaintiff was injured in a motor vehicle accident on July 9, 2007. The defendants admit that the defendant driver was negligent, but say that the plaintiff was contributorily negligent. Quantum, that is to say assessment of damages, is also in issue in this trial....

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Barlow v. Smoch

             THE COURT:  This is an application by the plaintiff for an adjournment of a trial currently scheduled to commence on Monday, January 31, 2011, and that a new date be fixed by counsel. ...

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Pettipas v. Pettipas

             The defendant, Harry Pettipas, has four sons: Gregory, Blake, Trevor and Michael. Three of Harry’s four sons commenced separate actions against him to recover a share of the profits realized upon the sale of property located at 56th Avenue, in Langley, B.C. Gregory and Blake’s actions were dismissed and no appeals were filed. The remaining action before me involves a claim by Michael that he is entitled to a share in the sale proceeds from the 56th Avenue property due to work he performed on the property. Michael also claims that he is entitled to an interest in a company operated by Harry entitled Tripett Enterprises Inc. (“Tripett”), which manufactures dog food made from tripe. Lastly, Michael claims restitution for the work done in respect of a company called GLT Gemstar Limousine Technologies International Inc. (“GLT”). Michael developed a prototype racing vehicle and he alleges that Harry agreed to become a joint venture partner in the marketing and sale of the prototype. As a result of Harry’s failure to honour the terms of their joint venture agreement, Michael claims GLT lost substantial profits and he was never paid the wages promised by his father....

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Kinnear v. Canadian Recreational Excellence (Vernon) Corporation

             THE COURT:  In September 2006, the plaintiff attended a Vernon Vipers hockey game at the Multiplex in Vernon. The Multiplex is a sports and convention facility owned by the defendant, the Regional District of North Okanagan (“NORD”), and operated and maintained at the time the defendant, Canadian Recreational Excellence (Vernon) Corporation (“CRE”)....

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Chalmers v. Russell

             Nancy Chalmers, the plaintiff, had the misfortune of being involved in two motor vehicle accidents.  The first accident, on February 19, 2007, involved a collision with a vehicle driven by the defendant Amber Gayle Russell (now Amber Stowe).   ...

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Johnson v. Wells

             The defendant Wells applies for the following orders which the plaintiff opposes:1.         The within action be declared or ordered to be stayed as against the Defendant Tanya Marie Wells;2.         The within action be declared or order to be settled as against the Defendant Tanya Marie Wells on the following terms:a)         Payment of $7,500.00;b)         Signing of a B.C. Ferries Release; andc)         Filing of a Consent Dismissal Order.3.         The Plaintiff's claims in relation to the motor vehicle accident which occurred on December 29, 2008 be declared or ordered to be settled as against Andrew Johnson, Natasha Bouchot, Jay Chalkman, and Hilary Chalkman.4.         The Plaintiff shall sign a B.C. Ferries Release as against the Defendant Tanya Marie Wells;5.         The Plaintiff shall sign a Consent Dismissal Order as against the Defendant Tanya Marie Wells;6.         The Notice of Discontinuance filed by the Plaintiff as against the Defendant Tanya Marie Wells be declared valid;7.         Such further and other relief as to this Honourable Court may seem just....

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