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.
As in Spencer v. Popham, 2010 BCSC 683, released concurrently with this decision (Victoria 09-2313), Melanie Spencer commenced her action in Supreme Court but settled her claim for an amount within the Small Claims Courts jurisdiction. Nevertheless, is she entitled to costs in this Court? The test is whether there was sufficient reason for her to commence the claim in Supreme Court.Background...
Melanie Spencer commenced her action in Supreme Court but then settled her claim for an amount within the Small Claim Courts jurisdiction. Nevertheless, is she entitled to costs in this Court? Was there sufficient reason for her to commence the claim in Supreme Court?Background...
This ruling concerns the admissibility of certain documents found in Exhibit 13 that the plaintiffs seek to rely on in this trial. Exhibit 13 consists of six binders containing in excess of 400 individual documents. When the plaintiffs tendered Exhibit 13 as part of their case, by agreement of the parties it was admitted into evidence subject to the defendants right to challenge the admissibility of individual documents. The defendants now submit that a number of the documents contained in Exhibit 13 are inadmissible and seek their removal from the Exhibit.BACKGROUND...
The plaintiff, Mr. Davis, has brought an action against the defendants pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [the Act] and, alternatively, in negligence, for personal injuries caused by his fall at the Lynn Valley Mall in North Vancouver, British Columbia on June 5, 2005. The defendant, 666479 B.C. Ltd. is the owner of the Lynn Valley Mall (the Owner). The defendant Kins Farm Market (Kins Market) is a tenant in the mall who operates a produce store. Mr. Davis fell in the mall corridor adjacent to an area in which Kins Market had fruit and vegetables displayed for sale in bins or on tables. There is no dispute that Mr. Davis slipped and fell on a green grape....
THE COURT: The plaintiff seeks an order for an interim sale of the family home in West Kelowna on Country Pines Drive. She seeks this order prior to trial pursuant to Rule 43 of the Supreme Court Rules. Rule 43 gives the court discretion to order an interim sale of the matrimonial home where it is necessary or expedient to do so. The court has considered many factors in determining necessity and expedience, including the factors set out in the Continuing Legal Education of B.C. Family Law Source Book at page 844. I am going to summarize some of those:(a) whether a sale is apt to promote an early settlement;(b) where a sale is apt to defeat a spouses claim for reapportionment;(c) whether the sale is inevitable;(d) whether the sale would put a spouse and children on the street pending resolution of the litigation;(e) whether there is alterative accommodations available; and(f) whether the proceeds would fall entirely to creditors....
THE COURT: The plaintiff Insurance Corporation of British Columbia seeks damages in respect of insurance claims made by the defendant Todd Mechalchuk, on the basis that such claims were fraudulent. His wife, Tarrah Mechalchuk, is also sued as a party who aided her husband....
This is an application by the defendants seeking an order for costs against the plaintiff....
This is an action for damages arising from a motor vehicle accident. It is brought under Rule 68. The plaintiff alleges the defendants were at fault and that she suffered injuries as a result....
The plaintiff, Sophie Frangolias, seeks recovery of loss, damage, and expense arising from two motor vehicle accidents that occurred in December 2004....
Introduction[1] This is an application by the defendants for an order for production of documents pursuant to Rule 26(11) of the Rules of Court....
Richard Laurie is a plumbing contractor and gas fitter who, in September 2008, had three employees working at the Sheraton Four Points Hotel in Langford. When some large payments came through for Mr. Laurie and other contractors working at the hotel, they celebrated at the adjacent West Coast Taphouse over the course of a Friday evening. ...
In this action the plaintiff seeks to recover damages for injuries sustained in a fall she suffered in the defendants retail store in Duncan, B.C., on August 1, 2006....