On March 10, 2010 an application was brought to
adjourn the two‑week jury trial scheduled for March 15, 2010. This is a
personal injury matter, arising from a motor vehicle accident that occurred on
or about August 24, 2004 in Kelowna, B.C., where liability has been admitted
and the only issue to be tried is the assessment of damages. Counsel requested
the adjournment for these reasons: 1. Counsel for the plaintiff is not available for
trial on March 15, 2010. Plaintiffs counsel says that the date was agreed to
by Ms. Pitcher on condition that her new counsel be available, and when he
filed an appearance plaintiffs counsel advised defence counsel that he was not
available on this day. Defence counsel refused to adjourn the trial. 2. Plaintiffs counsel also indicated that the
damages are connected to damages incurred in 2003, prior to the motor vehicle
accident, when the plaintiff fell at the Vancouver airport. She has commenced
an action (S68745) and that matter has recently been transferred to Vancouver
for trial. 3. The plaintiff says she is unable to attend the
trial on March 15, 2010 because her father‑in‑law passed away and
the funeral is being held on March 11, 2010. Not only is she not in a position
to conduct a trial, but her husband, who is her main support person, would not
be available either....
