19 Jan Kasendi v. Cecil Hotel Ltd.

             On January 6, 2006, Kalev Kasendi was ejected from the exotic show lounge at the Cecil Hotel by Hooman Mihanyar, its lounge security manager, and other security staff....

Read More

19 Jan MacKenzie v. Rogalasky

             The plaintiff, Robert MacKenzie, claims damages for soft tissue injuries he sustained in a motor vehicle accident on April 10, 2003, (the “accident”) when his vehicle was struck by Mr. Rogalasky, the defendant in these proceedings, while at the intersection of Burrard St. and Georgia St. in Vancouver, British Columbia....

Read More

18 Jan Zawadzki v. Calimoso

             On September 17, 2004, the plaintiff, Mr. Zawadzki, was struck from behind by a U-Haul truck driven by the defendant Mr. Calimoso. At the time, he was walking north on 20th Street in New Westminster, British Columbia (the “Accident”). Mr. Calimoso denied liability throughout the trial. At the beginning of closing submissions, liability, subject to Mr. Zawadzki’s potential contributory negligence, was admitted. The various distinct issues raised in this case are identified in the index found on the first page of these reasons.B)       The Accident and Contributory Negligence...

Read More

30 Dec Hamilton v. Demandre

             THE COURT:  In this personal injury action, the defendant seeks an order that the plaintiff attend and submit to (a) an independent medical examination with Dr. Desmond Bell on January 7, 2011, at 12:00 p.m., and (b) balance testing conducted by Art Malinson at 8:00 a.m. that same day....

Read More

23 Dec Madill v. Sithivong

             The plaintiff, Ronald Edward Madill, claims damages against the defendants for injuries arising from a motor vehicle accident that occurred June 28, 2004 on Clearbrook Road in Abbotsford, British Columbia.  At the time of the accident, the plaintiff was a passenger in a motor vehicle owned by the defendant, Super H Holdings Ltd., and operated by the defendant, Charles Peter Howard.  The action against Super H Holdings Ltd. has been discontinued....

Read More

22 Dec Lee v. Jarvie

             In 2004, the plaintiff Stanley Lee was a 27-year old recent graduate from Simon Fraser University. Mr. Lee was single, living on his own and working as a clerk at Overwaitea Save-on-Foods in Coquitlam, British Columbia....

Read More

15 Dec De Gaye v. Bhullar

             This is an action for damages arising out of a motor vehicle accident that occurred on March 16, 2005 in Surrey, B.C. at the intersection of 92nd Avenue and 132 Street. Liability is admitted by the defendants. The quantum of damages is the sole issue in dispute....

Read More

14 Dec Wocknitz v. Donaldson

             THE COURT:  This is an application brought by the defendants for orders that Rule 15-1 cease to apply in this motor vehicle action, that the plaintiff submit to examination by two medical practitioners, first of all, by a physiatrist, Dr. Apel at 420, 1011 Glenmore Trail Southwest, in Calgary, Alberta, on February 18, 2011, and secondly, by a psychiatrist, Dr. Joy, with proposed dates for that examination on February 16 or 23 of 2011....

Read More

10 Dec Cripps v. Overend

             The 36-year-old plaintiff, Robert Cripps, claims damages for personal injuries resulting from a motor vehicle accident on April 22, 2006. He was wearing his seatbelt in the front passenger seat of a Dodge 4 x 4 truck driven by his father-in-law, Glenn Olinek, travelling northbound on 168th Street in Surrey. The truck was struck on the right side, in a T-bone type impact, by the defendants’ car, which came through a stop sign at a high speed. The significant impact caused the truck to spin in a circle and fly across a ditch before landing on a lawn. Mr. Cripps was jolted and his body impacted the interior of the truck. Damage to the truck was extensive and the passenger door was jammed. Mr. Cripps was assisted out the driver’s door. He was dazed. He was aware of impacts to his head and right knee, and felt severe pain in his rib cage. He had difficulty breathing and received oxygen from ambulance attendants. Following the advice of the ambulance attendants regarding a lengthy wait time at the hospital, he and Mr. Olinek took a taxi home....

Read More