17 Jun SCK Motor Company Limited v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             The plaintiffs in Action S112854, SCK Motor Company and Linda Lee Evans, and the plaintiff in Action M137516, Ocean Park Ford Sales Ltd. seek, among other things, declarations that they are entitled to insurance coverage by the defendants Insurance Corporation of British Columbia (ICBC) and Canadian Direct Insurance Incorporated (CDI). In this summary trial in respect of both actions, the defendants have applied for a declaration that the plaintiffs are not entitled to insurance coverage and they seek to have the claims dismissed under Rule 9-7(15) of the Supreme Court Civil Rules....

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14 May Franson v. Caldarella

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff applies at a trial management conference to have the trial in this matter heard without a jury on the grounds that the issues require prolonged examination of documents, a scientific investigation, and are of an intricate or complex character....

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22 May Simmons v. Yeager Properties Inc.

Posted at 00:00h in Uncategorised

             On December 6, 2010, the plaintiff, Theresa Simmons, tripped and fell in front of a bakery owned and operated by the defendants and was injured. She brings this action under the Occupiers Liability Act, RSBC 1996, c. 337, and in negligence. She says that the defendants created a hazard by constructing a patio adjacent to the front entrance of the bakery with a two to four inch drop that was not properly marked and thus failed to take reasonable precautions to protect her against the risk of harm....

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20 Sep Tolentino v. Gill

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Chris Tolentino, was injured in a motor vehicle accident on January 10, 2004. He commenced this action on March 13, 2007, over a year after the expiry of the two-year limitation period in s 3(2) of the Limitation Act, RSBC 1996, c 266. The only issue in this trial is whether the defendants are estopped from relying on a limitation defence as a result of the words or conduct of an insurance adjuster employed by the Insurance Corporation of British Columbia (ICBC).Facts...

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18 Oct K.A.K. v. British Columbia

Posted at 00:00h in Uncategorised

             The plaintiffs are six[1] of eleven children born to the defendants G.K. and M.H. They seek general and future pecuniary damages from the Province of British Columbia (the Crown) for the failure of the Ministry of Child and Family Development (MCFD or the Ministry) to remove them from their parents’ care when it was readily apparent that they were in need of protection. The Crown has admitted liability....

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14 Jul Rackstraw v. Robertson

Posted at 00:00h in Motor Vehicle Accident

             On November 22, 2005, Peter Rackstraw was injured in a tragic motor vehicle accident.  He subsequently died in hospital.  His wife and children claim damages against the defendants William Robertson and A.M. P.M. Landclearing & Demolition Ltd. under the Family Compensation Act, R.S.B.C. 1996, c. 126, for negligence arising from the accident.  These defendants seek a dismissal of the claim against them under Rule 9-7 of the Supreme Court Civil Rules, B.C. Reg. 168/2009.  The plaintiffs have discontinued the action against the remaining defendants....

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30 Dec Etson v. Loblaw Companies Limited (Real Canadian Superstore)

Posted at 00:00h in Uncategorised

           On November 28, 2008, the plaintiff, then 76 years old, tripped over the corner of a wooden pallet in the defendant’s Superstore, fell down, and broke her hip.  She had surgery to pin her hip together but within nine months the hardware failed and she had to have two further operations: one to remove the hardware and another to replace her entire hip.  Fortunately, the last surgery was successful and the plaintiff is finally on the road to recovery....

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09 Dec OConnell v. Yung

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff, Pamela O’Connell, was seriously injured in a motor vehicle accident on November 27, 2007, when a tractor-trailer struck her Volvo and crushed it against a wall inside the Massey Tunnel near Delta, B.C.  She suffered many injuries, including severe traumatic brain injury.  She brings this action by her Litigation Guardian and husband, Barry O’Connell....

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05 Nov Nonis v. Granata

Posted at 00:00h in Motor Vehicle Accident

             The defendant seeks an order under Rule 9-7 of the Supreme Court Civil Rules that the plaintiff was negligent and solely liable for a motor vehicle accident that occurred on March 10, 2009, in Burnaby, B.C.  The plaintiff agrees that the issue of liability should be determined by way of summary trial, but seeks an order that the defendant was solely liable for the accident.The evidence...

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