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

26 Nov Pettipas v. Pettipas

             The defendant, Harry Pettipas, has four sons: Gregory, Blake, Trevor and Michael. Three of Harry’s four sons commenced separate actions against him to recover a share of the profits realized upon the sale of property located at 56th Avenue, in Langley, B.C. Gregory and Blake’s actions were dismissed and no appeals were filed. The remaining action before me involves a claim by Michael that he is entitled to a share in the sale proceeds from the 56th Avenue property due to work he performed on the property. Michael also claims that he is entitled to an interest in a company operated by Harry entitled Tripett Enterprises Inc. (“Tripett”), which manufactures dog food made from tripe. Lastly, Michael claims restitution for the work done in respect of a company called GLT Gemstar Limousine Technologies International Inc. (“GLT”). Michael developed a prototype racing vehicle and he alleges that Harry agreed to become a joint venture partner in the marketing and sale of the prototype. As a result of Harry’s failure to honour the terms of their joint venture agreement, Michael claims GLT lost substantial profits and he was never paid the wages promised by his father....

Read More

12 May Davis v. Kins Farm Market (Lynn Valley) Ltd.

             The plaintiff, Mr. Davis, has brought an action against the defendants pursuant to the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [the Act] and, alternatively, in negligence, for personal injuries caused by his fall at the Lynn Valley Mall in North Vancouver, British Columbia on June 5, 2005. The defendant, 666479 B.C. Ltd. is the owner of the Lynn Valley Mall (the “Owner”). The defendant Kin’s Farm Market (“Kin’s Market”) is a tenant in the mall who operates a produce store. Mr. Davis fell in the mall corridor adjacent to an area in which Kin’s Market had fruit and vegetables displayed for sale in bins or on tables. There is no dispute that Mr. Davis slipped and fell on a green grape....

Read More

31 Mar Wittich v. Bob

           This is an application for costs arising out of an action for damages due to injuries suffered by the plaintiff in a motor vehicle accident. The trial lasted 15 days between June 1, 2009 and December 4, 2009. I issued judgment in favour of the plaintiff on December 15, 2009 in the amount of $31,034.64: Wittich v. Bob, 2009 BCSC 1721. The plaintiff’s action against all defendants except for Mr. Wittich was dismissed....

Read More

12 Mar Burton v. Bakker

             Mr. Burton is the plaintiff in an action for damages arising out of a motor vehicle accident that occurred on August 2, 2005. The trial of this action is scheduled to commence on April 19, 2010. However, the defendants have brought this application for a declaration that there is a binding settlement agreement between the parties and a stay of proceedings with respect to the trial. In this regard, the defendants rely upon Rules 2(2), 19(24), and 37B of the Rules of Court, s. 8 of the Law and Equity Act, R.S.B.C. 1996, c. 253, and the inherent jurisdiction of the court....

Read More

10 Mar Lissner v. Lissner

             The Plaintiff, Ms. Lissner, applies to vary an order made by Mr. Justice Grist on September 24, 2004 addressing spousal support (the “Order”). By the terms of the Order, spousal support originally ordered in the amount of $1,400 per month was cancelled. In addition to fixing an amount of spousal support, Ms. Lissner seeks an order imputing income to the defendant, Mr. Lissner, and an order for retroactive spousal support. Although the motion originally included an order for production of income tax returns and notices of assessment, counsel abandoned this part of the application at the commencement of the hearing....

Read More