01 Mar Sturdy v. Dhadda
THE COURT: These are oral reasons for decision. In the event a transcript is requested, I reserve the right to edit them. The result will not change....
25 Feb Leach v. Jesson
THE COURT: I am prepared to give judgment right now....
22 Feb Liu v. Bipinchandra
The plaintiff, Ms. Liu, was injured in a motor vehicle accident that occurred on South West Marine Drive in Vancouver on September 24, 2008 (the Accident). The Insurance Corporation of British Columbia (the Third Party), accepts that the defendant, Mr. Bipinchandra, was liable for the Accident. The principal issues raised by this case are:i) the extent or severity of Ms. Lius injuries;ii) whether Ms. Liu properly mitigated her losses; andiii) what past and future loss of capacity Ms. Liu suffered.Background...
19 Feb Carmichael v. Kwon
The plaintiff, Krystal-Ann Carmichael, seeks damages for injuries she sustained in two motor vehicle accidents, the first accident occurred on January 26, 2012 (the MVA) and the second occurred on May 23, 2014 (the second MVA). The first MVA was the more serious of the two. The defendants admit liability for the collisions. The defendants also admit that the accidents caused the plaintiffs injuries....
03 Feb Squire v. Siemens
THE COURT: This is an application to adjourn a trial set in this personal injury action for April 11, 2016, for three weeks with a jury. There is a concurrent application to transfer the proceeding to Vancouver. By the time this trial is heard, if it proceeds as scheduled, it will have been five years since the subject accident....
01 Feb T.M. v. G.M.
The infant plaintiff was sexually assaulted by the adult defendant while the plaintiff was in and near the residence of the defendant and his wife playing with his son. He pled guilty to criminal charges of sexual assault and was sentenced. The issue in these proceedings is the assessment of damages flowing from eight incidents of sexual assault....
15 Jan McAdam v. Rosling
This is an assessment of the plaintiffs bill of costs following a mediated settlement of the personal injury action. That settlement was reached two business days before the commencement of a nine-day trial and included an agreement that the defendant pay the plaintiffs reasonable costs. The parties have been able to agree on the majority of tariff items and disbursements claimed in the bill. Remaining at issue are the number of units to be allowed for tariff items 1, 2, 6, 10, 11, 14, 17, 32 and 46 and charges for the following disbursements: the functional capacity report and cost of future care report of Back in Motion Functional Assessments Inc., the witness cancellation fee issued by Back in Motion when the action settled shortly before trial, and the vocational report of Trainor Vocational Consulting Corp.Background Facts...
14 Jan Nerland v. Toronto-Dominion Bank
On December 14, 2012, Philip Nerland (the plaintiff) went to the Yaletown branch of the Toronto-Dominion Bank (the defendant) to meet with Mark Beirnes. The two men met in Mr. Beirnes office, then relocated to the public area of the branch. The plaintiff sat down on a chair at the sit down wicket while Mr. Beirnes went to another area of the bank. The plaintiff alleges that as he leaned forward to take hold of some documents on the desk in front of him, the chair went out from under him. The plaintiff fell to the floor, striking his head, neck, elbow and shoulder. He sustained serious injuries....
13 Jan Havens v. Insurance Corporation of British Columbia
On March 28, 2010 Mr. Havens was riding his motorcycle on a round trip to Squamish from his home in Vancouver. He was accompanied by a friend, Gordon Austrom, who was on his own motorcycle. On the return trip to Vancouver Mr. Havens' motorcycle went down near the on-ramp to the Lions Gate Bridge from Marine Drive. Mr. Havens was rendered unconscious and sustained brain injury. No vehicle stopped to acknowledge involvement in the accident....
13 Jan Birkich v. Cantafio
The plaintiff seeks damages for injuries she received as a pedestrian when she was struck in a crosswalk by a pickup truck driven by the defendant. The defendant admits liability for the incident....