The plaintiff claims damages arising from a motor vehicle accident which occurred on May 31, 2005, when his taxi cab collided with a vehicle owned by the defendant Xuyen Thi Kim Pham (Pham) and driven by the defendant Yi San Chen (Chen). Liability and damages are in dispute.2.0 The Accident:...
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:...
This is a claim for damages for personal injuries arising from a motor vehicle accident which occurred on April 1, 2008 when the plaintiffs vehicle was rear-ended by a vehicle owned and driven by the defendant. Liability has been admitted. The trial was limited to an assessment of damages. Background Facts: ...
The plaintiff claims damages arising from injuries suffered in a motor vehicle on January 27, 2007. Liability has been admitted. This trial was limited to an assessment of the quantum of damages arising from the injuries suffered. Credibility:...
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. ...
This ruling concerns the tax gross up and management fees on the award made by the jury in this action. Aside from the award for non pecuniary damages, the jury awarded a total of $1,795,000, including $1,100,000 for the costs of future care, $455,000 for future loss of earnings, and $240,000 for the future loss of interdependency. The total award of $1,795,000 was subject to a 20% reduction to reflect the jurys finding of contributory negligence against the plaintiff. ...