THE COURT: This is an application by the defence in proceedings relating to a motor vehicle accident which occurred in October of 2003, the consequence of which Ms. De Sousa says she was injured and suffered a variety of injuries, including soft tissue, but most, I think, compelling and entirely the focus of this application are psychiatric consequences....
The plaintiff, Michelle Rintoul, 27 years of age at the time of trial, was walking across Richards Street at the intersection with Dunsmuir Street in downtown Vancouver, late in the afternoon of November 3, 2006, when she was struck by a vehicle being driven by the defendant. She was knocked to the ground and suffered injuries, including a head injury....
In this personal injury damages assessment, the main issues are the quantum of the plaintiffs claims for non-pecuniary loss, loss of past and future opportunity to earn income and cost of future care. The plaintiffs claims arise out of her complaints of psychological injury including post-traumatic stress disorder, depression and anxiety together with chronic myofascial pain and headaches, all of which she attributes to a motor vehicle accident. The defendants have admitted liability for the accident, but contest the plaintiffs claims for compensation.Credibility...
Ms. Iwanik was injured in a motor vehicle accident in Nelson, B.C. on June 20, 2008. She was driving a 2001 Pontiac Sunfire car when it was struck by a 1997 Chevrolet Blazer owned by the defendant Mr. Campbell and driven by the defendant Ms. Hayes. Ms. Hayes admits that she caused the accident. The assessment of Ms. Iwaniks damages proceeded to a six day trial....
THE COURT: The subject motor vehicle accident happened on January 31, 2006, at the intersection of 64th Avenue and 152nd Street in Surrey. It was dark and raining. The plaintiff was westbound on 64th Avenue; her evidence is that she was intending to drive further along 64th and eventually to turn right and proceed north up 144th Street....
The plaintiff, Maurice Bouchard, claims damages for personal injuries sustained in a motor vehicle accident which occurred on February 26, 2005. The plaintiff, who was 26 years old at the time, was seated in the front passenger seat of his brothers parked truck when it was struck from behind by a pick-up truck owned by the defendants, Brown Bros. Motor Lease Canada Ltd. and United Scaffold Supply Company Inc., and operated by the defendant, Antoine Naudi. At the time of impact, the plaintiff was turned in his seat, facing to his left, as he moved some objects on the front passenger seat. He was not wearing a seatbelt because the vehicle was parked....
The plaintiff obtained judgment in default of appearance against the defendant, Robert Dutra, on June 10, 2005. This trial was for the assessment of damages suffered by the plaintiff as a result of an assault by the defendant. The plaintiff testified. A consulting report from Dr. Lanius, a neuropsychologist, dated July 16, 2004, was also in evidence. Finally, a statement of lost wages was placed into evidence. There were no medical reports before the court, either past or current....
The defendant, Capital Health Region (CHR) applies for an order pursuant to Rule 9-7 dismissing the plaintiffs claim against it. The plaintiffs oppose the application. The co-defendant, Kerri-Lea Dutrisac (Dutrisac) takes no position. I must note here that more recently, the plaintiffs have consented to a dismissal of their action against the defendant Crown as well as the five personal defendants who are employees of the CHR, Ivanka Lupenec, Diane Hart, Shelly Harnadek, Mary-Jane Kellington, and Marcia L. Thorneycroft, on the basis that in the event the Court finds any of the personal defendants at fault, the CHR will be vicariously liable for their negligence. ...
The defendants, the Capital Health Region (CHR) and Ms. Kerri-Lea Dutrisac (Dutrisac) jointly apply pursuant to Rule 12-6(5)(i) and (ii) to set aside the Notice Requiring Trial By Jury filed by the Plaintiffs on November 17, 2005. 2.0 Background:...
THE COURT: This is an application by the defendants in this motor vehicle action for an order requiring the plaintiff, Dragana Breberin, to attend at a medical examination at the office of Dr. Stephen Wiseman at one o'clock on July 8, 2011, at St. Paul's Hospital. The purpose of that attendance is for Dr. Wiseman to examine the plaintiff and prepare a medical-legal report for the assistance of the defendants in addressing the plaintiff's claim at trial. There is agreement between the parties that the defendants are entitled to have the plaintiff attend at an independent medical examination by a psychiatrist and there is no challenge to Dr. Wiseman's specific qualifications to perform that examination. The issue before me is whether the examination of the plaintiff, if ordered by the court, should take place where the plaintiff resides, Edmonton, Alberta, or whether the defendants are entitled to choose the place of the examination as well as the expert who will conduct the independent medical examination....