04 Oct Dobre v. Langley

Posted at 00:00h in Motor Vehicle Accident

             Mr. Dobre, the twenty-year-old plaintiff, was injured in a car-bicycle accident on July 14, 2008. His most serious injury was a right thumb Bennett fracture. This involves a fracture of the base of the thumb where it joins the wrist joint. It was an intra-articular fracture, which means the breakage involved the joint surfaces. This injury continues to cause him problems. He suffered some other injuries as well. He quickly recovered from his scrapes and bruises but continues to suffer neck and upper back symptoms that the defendant says are unrelated to the accident....

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29 Sep De Sousa v. Bradaric

Posted at 00:00h in Motor Vehicle Accident

           The defendants appeal from a decision of a master denying their application for a second medical examination by a psychiatrist. The plaintiff alleges a variety of injuries arising out of a motor vehicle accident, including brain damage and/or psychological injuries....

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16 Sep Campbell v. McDougall

Posted at 00:00h in Motor Vehicle Accident

           In a notice of application filed June 8, 2011, the defendant seeks orders with respect to production of documents, the plaintiff’s attendance at an examination for discovery and the use of deposition evidence at trial....

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15 Sep Felix v. Hearne

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff was injured in a vehicle roll-over on July 8, 2006. The evidence heard during this proceeding was that she was driving east on Highway No. 1 near Langley, when her boyfriend, Mr. Hearne, grabbed the steering wheel causing the vehicle to leave the highway and overturn. Mr. Hearne was killed in the collision....

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07 Sep Gowler v. Ngo

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The application before me is to determine the costs to be awarded following a jury trial. The plaintiff seeks an order for 100 percent of his costs, or alternatively 50 percent of the part of the trial regarding liability and 100 percent of the part of the trial regarding damages, and that alternative position I would calculate as seeking about 75 to 80 percent of his costs....

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15 Aug Meghji v. Lee

Posted at 00:00h in Motor Vehicle Accident

           On January 22, 2003, a vehicle operated by the defendant, Jamin Lee, struck the plaintiff, Selina Meghji, while she was walking across the intersection of Blanshard Street and Cloverdale Avenue in Victoria, B.C....

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10 Aug Wong v. Lee

Posted at 00:00h in Motor Vehicle Accident

             This action arose in relation to a motor vehicle collision in which the plaintiff sustained injuries. The collision occurred on August 29, 2003 on the Interstate-5 in Washington State. At the time of the collision, the defendant Miranda Lee, who is the plaintiff’s wife, was operating the vehicle in which the plaintiff was a passenger. The defendant Stephen Louie, was one of the lessors of the vehicle. The vehicle was owned by the defendant, MKA Leasing Ltd. Both liability and the extent and consequences of the plaintiff’s injuries were issues in the action....

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02 Aug Harrington v. Sangha

Posted at 00:00h in Motor Vehicle Accident

             At approximately 11:30 a.m. on January 18, 2007, Mr. Hardip Sangha (“Sangha”) lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his vehicle slide across the road as the trailer swung around the tractor. As this occurred, Mr. Raoul Thiels (“Thiels”) was approaching the same location driving a tractor trailer south, toward Williams Lake. When he saw the Sangha truck sliding sideways across the road into his path of travel, he felt that there was no option but to intentionally drive his truck off the west side of the road into a ditch and snowbank. The vehicles missed each other narrowly. Sangha’s truck swung around 180 degrees and ended in the ditch on the east side of Highway 97 with the tractor facing south. Thiels’ truck hit the bank of the ditch on the west side of the road and its trailer then pivoted across the travelled portion of the highway, blocking the southbound lane entirely and impinging significantly on the northbound lane....

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29 Jul Bialkowski v. Banfield

Posted at 00:00h in Uncategorised

             On June 13, 2011, I made a ruling on a voir dire that a portion of the expert evidence the plaintiff wished to introduce in a personal injury case was inadmissible.  Reasons for my decision were to follow.  These are my reasons for the ruling....

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28 Jul D.S. v. L.F.

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The applications before me relate to two girls. The younger is 10 years old and the older girl is nearly 13 years old. I am going to refer to them together as "the girls." The mother of the girls passed away in May 2009 at the age of 29. The claimants are the maternal grandparents of the girls. The first respondent, L.F., is the father of the girls. J.W. is the executrix of the estate of the girls' mother and was appointed guardian of the girls under that will. At the time the mother passed away, she had sole custody of the girls. The applications are for interim orders regarding custody and guardianship and access....

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