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.




Cridge v. Ivancic

             The defendants apply for costs under R. 37B of the Rules of Court on the basis that they made a settlement offer that exceeded the award made to the plaintiff.BACKGROUND...

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Elgood v. Ellison

           The plaintiff seeks damages for injuries received when he was struck by a vehicle driven by the defendant.  The accident occurred on January 10, 2006 just after 9:00 a.m.  The defendant admits liability for the accident, but denies that the injuries are as serious as the plaintiff claims and alleges that the plaintiff has failed to mitigate his damages.Background Facts...

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Lamont v. Stead

           On December 9, 2006, a car operated by the defendant struck the left rear corner of a car operated by the plaintiff. At the time of the collision, the plaintiff was stopped at a red light for eastbound traffic on Kingsway, at 14th Avenue, in Burnaby, BC. The defendant approached from behind and, in an attempt to pass on the left, caught the left rear of the plaintiff’s vehicle with the right front of his vehicle. The impact was unexpected. It caused moderate damage to both cars....

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Wittich v. Bob

           This is an application for costs arising out of an action for damages due to injuries suffered by the plaintiff in a motor vehicle accident. The trial lasted 15 days between June 1, 2009 and December 4, 2009. I issued judgment in favour of the plaintiff on December 15, 2009 in the amount of $31,034.64: Wittich v. Bob, 2009 BCSC 1721. The plaintiff’s action against all defendants except for Mr. Wittich was dismissed....

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Agesen v. ICBC

           This is an appeal by the plaintiff of an order of the Master on March 23, 2010.  The Master ordered that the plaintiff, James Leo Agesen, submit to a medical examination by Dr. J.F. Schweigel, an orthopaedic surgeon, on March 30, 2010, at 2:45 p.m....

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Mann v. Rainsford

           At the time material to this litigation, the defendants were “an occupier of premises”, as that notion is defined in the Occupiers Liability Act, R.S.B.C. 1996, c. 337....

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Mackie v. McFayden

           The plaintiff and defendant Olson bring cross applications, both relating to the apparent dilatory conduct of this Rule 66 proceeding....

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Fata v. Heinonen

             The plaintiff, Elio Fata, is advancing a claim for damages for personal injuries caused by a motor vehicle accident that occurred on November 13, 2006.  It was a rear-end collision that occurred when Mr. Fata was stopped at a traffic light.  Mr. Fata was 59 at the time.  Mr. Fata did not immediately think that he needed medical treatment and took no time off his work as an Electronics Technician at Simon Fraser University (“SFU”).  As time passed, Mr. Fata felt that his injuries progressed to the point where he had too much restriction and pain in his left shoulder and arm to competently perform his job.  He therefore quit his job of 38 years, taking early retirement effective as of July 2008. ...

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Burton v. Bouwman

             Mr. Burton claims damages arising from three motor vehicle accidents, which occurred on April 7, 2006, November 9, 2006, and September 5, 2007.  Mr. Burton brought a separate lawsuit in respect of each accident.  I will refer to the accidents as the First, Second and Third Accidents.  The trial of the three actions were heard together, with Mr. Cope representing Mr. Burton, and Mr. McDonald representing all defendants.  The trial occupied eight hearing days....

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Hauer v. Clendenning

             The plaintiff sustained soft tissue injuries in a motor vehicle accident on August 6, 2006.  By the time of trial, her primary concerns were over persistent low back and shoulder pain.  Although she had sustained soft tissue injuries affecting her back and shoulder in a 1996 motor vehicle accident, she had been free of pain symptoms for three years prior to the 2006 accident....

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King v. Horth

             This application concerns costs following the trial of this matter in which I ordered that the Thomas defendants pay damages to the plaintiff and that the action against the defendant Horth be dismissed. The plaintiff’s damages exceeded an offer to settle made by the Thomas defendants. Neither the plaintiff nor the defendant Horth had delivered a formal offer to settle....

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Milne v. Clarke

             The plaintiff appeals the December 29, 2009 decision of Master Tokarek sitting as Registrar of the Court wherein the Learned Registrar did not allow the claim of interest on a disbursement incurred by the solicitor for the Plaintiff....

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