02 Mar Gilbert v. Nelson

Posted at 00:00h in Motor Vehicle Accident

             On June 6, 2005, when the plaintiff, Alexander Gilbert was 13 years of age, he was riding his bicycle in and near the driveway of his home outside of Nanaimo, in a rural area called Cedar, B.C.  Unfortunately, the young cyclist was struck by the van driven by the defendant.  Currently, the issue of liability has yet to be determined by the court, although the defendant, through his insurer, ICBC, has denied liability for the accident and subsequent injuries suffered by the young man as a result of the accident.  In fact, the defendant alleges that the young plaintiff rode his bicycle out of his driveway without stopping and right into the path of the defendant’s van....

Read More

24 Feb Cliff v. Dahl

Posted at 00:00h in Motor Vehicle Accident

             Ms. Dahl applies to strike the jury notice filed by the plaintiff, Mr. Cliff. The defendants, apart from Mr. Snelgrove and Aggressive Auto Towing Ltd., support her application. Mr. Weaver’s counsel and Ms. Dahl’s counsel both made submissions to the court. For simplicity, I will refer to Ms. Dahl’s argument as presented for both parties but treat this proceeding as a joint application by these parties. Mr. Snelgrove and Aggressive Auto Towing Ltd. take no position with respect to the application. Mr. Cliff opposes the application on its merits and due to the delay in bringing on the application and giving notice thereof. Mr. Cliff was involved in a second motor vehicle accident and has commenced Action No. M114364 against Mr. Holmes. The parties agreed that these two actions will be heard at the same time. Mr. Holmes supports the application to strike the jury notice....

Read More

22 Feb Dulay v. Lachance

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Rampaul Dulay, claims against the defendant, Octave Lachance, for injuries he sustained as a result of a motor vehicle accident which occurred at 8:30 a.m. on October 25, 2007, in Kamloops, British Columbia. Mr. Dulay was travelling southbound on 4th Avenue in his 2007 grey Toyota Corolla motor vehicle and had entered the intersection of 4th Avenue and Battle Street when he was struck broadside by the defendant’s blue 2005 Chevrolet two-door coupe. Mr. Dulay, 52 years old at the time of the accident, was 57 years of age at the time of the trial. He is married and has three adult children with his youngest 20-year-old boy still living at home and attending Thompson Rivers University.2.     Issues...

Read More

21 Feb Bangle v. Lafreniere

Posted at 00:00h in Workplace

             In this case I am asked to resolve a number of disputes between parties who were for many years friends and business associates. Unfortunately in 2008 their association came to an acrimonious end. This litigation was commenced in 2009....

Read More

03 Feb Fuchser v. Wilson

Posted at 00:00h in Motor Vehicle Accident

             On December 7, 2008, the plaintiff was a passenger in a right-hand drive Nissan Skyline driven by her then partner, Christopher Wilson. She was sitting in the left-hand front seat....

Read More

27 Jan Abdalle v. British Columbia (Public Safety and Solicitor General)

Posted at 00:00h in Motor Vehicle Accident

             This action is for damages for injuries the plaintiff Ismail Abdalle received in a motor vehicle accident that occurred on May 8, 2007. His vehicle was struck while proceeding through the intersection of Westminster Highway and Garden City Road in Richmond by the vehicle driven by Constable Claudio Maurizio, a member of the Royal Canadian Mounted Police. Constable Maurizio was on duty at the time of the collision....

Read More

26 Jan Madsen v. Bekker

Posted at 00:00h in Motor Vehicle Accident

             Mr. Madsen was involved in a motor vehicle accident on November 8, 2006 with a vehicle owned by the defendant Mr. O’Brian and driven with his consent by the defendant Ms. Bekker....

Read More

26 Jan Moukhine v. Collins

Posted at 00:00h in Motor Vehicle Accident

             This is a claim for damages arising out of a motor vehicle accident which occurred on April 23, 2007, in Vancouver, British Columbia. The plaintiff Serguei Moukhine was driving to work when he was rear-ended as he was stopped waiting to turn left onto Marine Way....

Read More