30 Jul Wong v. Towns

Posted at 00:00h in Motor Vehicle Accident

             On June 24, 2012, Betty Wong was driving through the Stanley Park causeway into Vancouver, having just crossed the Lions Gate Bridge, when she was rear ended by Jada Towns. Mrs. Wong was born on September 26, 1931; she was 80 years old at the time of the collision. Liability for this accident is admitted but the parties dispute the nature of the injuries suffered by Mrs. Wong due to the accident. While Ms. Towns does not dispute that Mrs. Wong now suffers from a physically and mentally disabling condition, she argues that the accident did not cause these injuries. Ms. Towns also disputes the quantum of damages claimed by Mrs. Wong for pain and suffering and the cost of future care....

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02 Mar Walkus v. Walkus

Posted at 00:00h in Motor Vehicle Accident

            This is an action for damages arising out of a motor vehicle accident that occurred on May 1, 1997 in the driveway of #219 Tsulquate Road, Port Hardy, B.C. (“House 219”). The claimant was two years old at the time of the accident. Although the claimant commenced this action as a minor, and was represented by a litigation guardian throughout, he is now an adult and has continued the action on his own behalf....

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08 Mar Mayne v. Mayne

Posted at 00:00h in Motor Vehicle Accident

             This is a summary trial proceeding to determine liability in an action for damages arising out of the alleged negligence of Mrs. Mayne. Mr. Mayne’s action in negligence against his spouse, Mrs. Mayne, stems from a motor vehicle accident that occurred on September 24, 2010, when Mrs. Mayne took control of the parties’ vehicle, struck Mr. Mayne, and caused serious injury to his leg. Neither party objected to the matter being heard as a summary trial as the material facts are not seriously in dispute....

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17 Apr Cantin v. Petersen

Posted at 00:00h in Motor Vehicle Accident

             Ms. Cantin was injured in a motor vehicle accident that occurred on June 10, 2004. Liability for the accident is admitted. Quantum of damages and causation are in dispute....

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13 Mar Cliff v. Dahl

Posted at 00:00h in Motor Vehicle Accident

             This is an application by the defendants and third parties, Mr. Weaver and Mr. Jones, for production of statements they provided to an investigator employed by Mr. Cliff, including any drafts of the statement, the audio recording of the statement given during an interview, and any transcript of the audio taped interview. The remaining defendants and third parties consent to the order sought. Mr. Cliff opposes the order sought on the ground that the statements are protected by litigation privilege....

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24 Feb Cliff v. Dahl

Posted at 00:00h in Motor Vehicle Accident

             Ms. Dahl applies to strike the jury notice filed by the plaintiff, Mr. Cliff. The defendants, apart from Mr. Snelgrove and Aggressive Auto Towing Ltd., support her application. Mr. Weaver’s counsel and Ms. Dahl’s counsel both made submissions to the court. For simplicity, I will refer to Ms. Dahl’s argument as presented for both parties but treat this proceeding as a joint application by these parties. Mr. Snelgrove and Aggressive Auto Towing Ltd. take no position with respect to the application. Mr. Cliff opposes the application on its merits and due to the delay in bringing on the application and giving notice thereof. Mr. Cliff was involved in a second motor vehicle accident and has commenced Action No. M114364 against Mr. Holmes. The parties agreed that these two actions will be heard at the same time. Mr. Holmes supports the application to strike the jury notice....

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06 Jul Ziani v. Thede

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff’s action arises out of a motor vehicle accident that occurred on October 3, 2006, at the intersection of Boundary Road and Kingsway, in Vancouver, B.C. The parties obtained an order severing the issues of liability and damages. This judgment solely addresses liability....

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. The material facts are not in dispute; it is a question of drawing inferences from the facts to arrive at a proper assessment of damages. I agree with the parties’ assessment that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that caused mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages....

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08 Jun Dolha v. Heft

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff for damages arising out of a motor vehicle accident. The parties do not dispute liability. The defendant applies for a determination of damages pursuant to Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009. Both parties consent to a summary trial of this issue. Although the parties argue the court should draw different inferences from the facts, the material facts are not in dispute. Accordingly, I agree that the summary trial procedure is appropriate. The plaintiff’s claim is based on a relatively minor accident that led to mild to moderate whiplash injuries. There is no claim for past or future wage loss. Nor does the plaintiff claim any special damages. The sole issue is the quantum of non-pecuniary damages.MATERIAL FACTS...

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11 Mar Billabong Road & Bridge Maintenance Inc. v. Brook

Posted at 00:00h in Motor Vehicle Accident

           This is an appeal of a small claims judgment of the Provincial Court (21 June 2010), Smithers Registry No. 14797 (P.C.). The learned Provincial Court judge ordered the appellant to pay $3,250 to the respondent for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers on February 17, 2007. The learned Provincial Court judge concluded that the appellant was 50% liable for the accident by failing to sand the road where the accident took place in a timely and effective manner. The learned Provincial Court judge also concluded that the respondent was 50% liable for failing to take reasonable steps to avoid the accident....

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