28 Apr Ruzic v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             This is an appeal by the plaintiff from an order of a master made February 15, 2008, dismissing the plaintiff’s application that the defendant produce a list of the motor vehicles owned by some 360 inhabitants of four multi-residential buildings in Vancouver, and the drivers’ licence photos of those named persons. The plaintiff also sought to adduce new evidence at the hearing but I am satisfied that the historical material was properly considered at an earlier stage.Background...

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21 Apr More v. Bauer

Posted at 00:00h in Motor Vehicle Accident

             Dr. Stalnaker has a Ph.D. in theoretical and applied mechanics. Through much of his lengthy career, he has worked in the branch field of biomechanics. He also has practical experience in standards development for certification purposes although not specifically with regard to hockey helmet standards. Biomechanics involves the study of body kinematics ‑ the forces applied to biological tissue and the injuries that can result. The plaintiffs sought to qualify Dr. Stalnaker as an expert in biomechanics and the biomechanics of safety standards....

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15 Apr Gill v. Morin

Posted at 00:00h in Motor Vehicle Accident

             On June 4, 2004, 11 year old Gurdeep Singh Gill (“Gurdeep”) was grievously hurt when the all terrain vehicle he was then operating, of a type commonly described as a “quad”, struck or was struck by a car driven by the defendant, Lyle James Morin (“Morin”) on Harris Road in Abbotsford. The gravity of Gurdeep’s injuries was such that he was flown from the accident scene by helicopter. He suffered numerous fractures, including a compound fracture of the femur and a skull fracture. The Statement of Claim alleges that he has been left with hearing loss, balance problems and cognitive deficits....

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06 Apr Gosselin v. Neal

Posted at 00:00h in Motor Vehicle Accident

             In this trial, the plaintiff claims damages for injuries suffered in a motor vehicle accident on January 5, 2006 (the “MVA”).  She was 39 years old at the time of the MVA.  She is now 43 years old.  She suffered injuries to her neck, right shoulder, and back.  She claims that those injuries have not resolved and that they continue to cause her pain and to restrict her activities....

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22 Mar Hauer v. Clendenning

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff sustained soft tissue injuries in a motor vehicle accident on August 6, 2006.  By the time of trial, her primary concerns were over persistent low back and shoulder pain.  Although she had sustained soft tissue injuries affecting her back and shoulder in a 1996 motor vehicle accident, she had been free of pain symptoms for three years prior to the 2006 accident....

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15 Mar Pham-Fraser v. Smith

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff was injured in a motor vehicle accident which occurred January 13, 2006, and claims damages.  The defendants admit liability but take issue with the nature and extent of the plaintiff’s injuries and the amount of damages she should be awarded for those injuries.  The defendants say any damage award must be discounted as a result of several pre-existing medical conditions affecting the plaintiff.THE ACCIDENT...

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11 Mar Burdett (Guardian Ad Litem) v. Mohamed

Posted at 00:00h in Motor Vehicle Accident

             This civil jury trial concluded on December 21, 2009 when the jury awarded the plaintiff damages against the defendant Mohamed Abdikani Mohamed (“Mohammed”) in an amount totalling $1,813,440 (ie. following 20% deduction for contributory negligence).  The claim against the defendant Joseph Samuel (“Samuel”) was dismissed.  The plaintiff now applies for the following orders: ·       that she recover 100% of her costs of the entire proceeding at Scale C, payable by the defendants Mohammed and Christopher Brent Dubois (“Dubois”), pursuant to Rule 57(9) and Section 3 of the Negligence Act. ·       an order pursuant to Rule 57(18) requiring the defendants Mohammed and Dubois to pay the costs of the successful defendant Samuel; and ·       an order pursuant to Rule 37B that she is entitled to double costs from the defendants Mohamed and Dubois from November 10, 2009 to present. ...

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04 Mar Hamilton v. Pavlova

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the defendants for an order that the plaintiff attend for an independent psychiatric examination by Dr. Roy O'Shaughnessy.  The examination is currently scheduled for March 8, 2010, in Vancouver, and it is not likely that another appointment could be made with Dr. O'Shaughnessy between now and the time of trial....

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03 Mar Warkentin v. Riggs

Posted at 00:00h in Motor Vehicle Accident

             This matter arises from a motor vehicle accident which occurred on March 14, 2005. In her Statement of Claim, the plaintiff alleges injury to her neck, and right shoulder; she also alleges “other injuries, full particulars at trial”. Liability was admitted in the Statement of Defence. A first trial was set for January 2009 but was adjourned when the plaintiff’s first counsel was appointed to the British Columbia Supreme Court bench. A new seven day trial was set to proceed on May 3, 2010. Counsel for the defendant now seeks to adjourn that new trial date, alleging that the plaintiff’s claim has materially changed from that which was pled....

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01 Mar MacIntyre v. Pitt Meadows Secondary School

Posted at 00:00h in Motor Vehicle Accident

             Evan MacIntyre is presently 22 years old.  He is the plaintiff in these three actions which were heard at the same time.  Due to the fact that most of the events relevant to the actions occurred while the plaintiff was a minor, I will refer to him by his first name in these reasons.  In doing so, I intend the plaintiff no disrespect....

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