13 May Boutin v. MacPherson

Posted at 00:00h in Uncategorised

             The trial of this personal injury action was heard January 3 to 5, 2012.  On December 4, 2012, I issued Reasons for Judgment awarding Mr. Boutin non-pecuniary damages of $25,000; damages for past wage loss of $3,038 (before adjustment to take into account income tax payable); and special damages of $3,000.  After the adjustment for income tax, defendants’ counsel calculated the total of the awards to come to $29,801.53.  In the final paragraph of my Reasons, I gave the parties leave to file written submissions on the issue of costs, such submissions to be filed no later than January 31, 2013....

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30 Apr Dang v. Chao

Posted at 00:00h in Motor Vehicle Accident

             On August 18, 2009, a 1988 Toyota Corolla driven by the plaintiff, Mr. Dang, was struck from the rear by a vehicle belonging to the defendant 0746201 BC Ltd., and driven by the defendant Clint Lawrence.  The defendants admit that the collision between the Dang vehicle and the vehicle driven by Mr. Lawrence was caused by Mr. Lawrence’s negligence....

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28 Mar Bae v. Vasquez

Posted at 00:00h in Motor Vehicle Accident

             On April 13, 2010, the 2001 Toyota Corolla sedan driven by Ms. Bae was struck from behind by the 2002 Toyota Sienna van driven by the defendant, Mr. Vasquez.  The plaintiff suffered soft tissue injuries to her neck, shoulders and lower back and is seeking non-pecuniary damages, special damages and damages for loss or impairment of the capacity to do housework.  The defendant admits his negligence caused the collision but he disputes the nature, severity and duration of the injuries that the plaintiff alleges; and the quantum of damages claimed.FACTS...

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04 Dec Boutin v. MacPherson

Posted at 00:00h in Motor Vehicle Accident

             On Friday, January 23, 2009, Mr. Boutin was driving southbound on Nanaimo Street in Vancouver, in the lane closest to the center line.  Mr. Boutin is entitled to take every third Friday as a non-working day and was off work on January 23.  He had driven from his home in Yaletown and was driving to a restaurant at Nanaimo and Kingsway to meet a friend for lunch....

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23 Nov Akbari v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             On December 8, 2010, the plaintiff was driving on Nordel Way in Delta when the vehicle he was driving collided with a light standard.  Although the direction in which he was travelling would most accurately be described as north-easterly, for the sake of convenience, and because it will make no difference to the narrative, in these Reasons I shall refer to Nordel Way as a north-south street and 84th Avenue as an east-west avenue.  Mr. Akbari was north-bound on Nordel Way, heading out of Delta towards Surrey....

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30 May Minhas v. Sartor

Posted at 00:00h in Motor Vehicle Accident

- [3] FACTS [4] - [4] MR. MINHAS’S HISTORY [5] - [85] MR. MINHAS’S PRE-ACCIDENT MEDICAL HISTORY [86] - [89] MR. MINHAS’S DRIVING HISTORY [90] - [102] CREDIBILITY OF THE WITNESSES [103] - [124] THE OCTOBER 25 MOTOR VEHICLE ACCIDENT [125] - [125] MR. MINHAS’S TESTIMONY ABOUT THE ACCIDENT [126] - [133] ALEX SARTOR’S DESCRIPTION OF THE ACCIDENT [134] - [141] ALISON YAU’S DESCRIPTION OF THE ACCIDENT [142] - [144] CHARLENE WALFORD’S TESTIMONY [145] - [146] TESTIMONY OF THE ACCIDENT RECONSTRUCTION EXPERT [147] - [152] WAS MR. MINHAS WEARING HIS SEATBELT? [153] - [154] THE INJURIES AND MEDICAL TREATMENT [155] - [161] DID MR. MINHAS SUFFER A BRAIN INJURY ON OCTOBER 25, 2005? [162] - [206] DID MR. MINHAS SUFFER SOFT TISSUE INJURIES TO...

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20 Dec Quartey-Harrison v. Klusiewich

Posted at 00:00h in Uncategorised

             The trial of this action was heard on May 19, 2011.  On August 3, 2011, I issued Reasons for Judgment in relation to this personal injury lawsuit.  The only issue at trial was the assessment of damages; liability for negligence having been admitted by the defendants some time earlier.   I awarded the plaintiff special damages of $910.56 and general damages of $18,000 for a total award of $18,910.56.  I declined to award compensation for past lost of income, loss or impairment of the capacity to earn income in future, or future care....

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03 Aug Quartey-Harrison v. Klusiewich

Posted at 00:00h in Motor Vehicle Accident

             On April 18, 2007, Mr. Quartey-Harrison was driving his vehicle southbound on 200th Street in Langley.  He had entered the intersection at 200th Street and 92nd Avenue on a green light and was proceeding through the intersection when his vehicle was struck on the right passenger side by a vehicle driven by the defendant Darren Klusiewich.  ...

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10 Nov Jennings v. Doe

Posted at 00:00h in Motor Vehicle Accident

             As previously order by Justice Schultes, this trial proceeded on the issue of liability only.  On October 7, 2008, the plaintiff was injured when his Toyota pick-up truck left the travelled portion of the Trans-Canada Highway (“the highway”) and struck a hydro pole in the adjacent ditch.  The plaintiff alleges that the accident was caused by the negligence of the unidentified driver of a tractor-trailer unit which crossed into his lane of travel, forcing his vehicle to leave the roadway....

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01 Oct Hough v. Dyck

Posted at 00:00h in Motor Vehicle Accident

           This trial proceeded on the issue of liability only.  As ordered by Master Tokarek on January 4, 2010, it was heard together with the trial of action M091787, in which Mr. Hough is also the plaintiff....

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