This is an application for directions pursuant to Supreme Court Civil Rules, R. 14-1(7) brought by the defendants concerning two issues related to costs:(a) whether the plaintiff is entitled to 100% for costs or to 93% pursuant to s. 2 of the Negligence Act, R.S.B.C. 1996, c. 333; and(b) what is the disposition with respect to costs concerning the s. 25 application?...
This action is for damages for injuries the plaintiff Ismail Abdalle received in a motor vehicle accident that occurred on May 8, 2007. His vehicle was struck while proceeding through the intersection of Westminster Highway and Garden City Road in Richmond by the vehicle driven by Constable Claudio Maurizio, a member of the Royal Canadian Mounted Police. Constable Maurizio was on duty at the time of the collision....
This is an application for an order dealing with costs. The defendants seek their costs of the proceeding throughout and double costs from April 9, 2010 based upon an offer to settle. The plaintiff seeks an order that each side bear their own costs....
This is a claim for damages for personal injuries suffered by the plaintiff, Brenda Ryan, in a motor vehicle accident that occurred on December 2, 2008 (the (2008 Accident). The defendants have admitted liability. At issue are the non-pecuniary damages, some of the special damages, the claims for past and future wage loss and the costs of future care....
The plaintiff, Ms. Bibi Habib, received an injury while a passenger on the bus operated by the defendants Coast Mountain Bus Company Ltd. and Greater Vancouver Transportation Authority (TransLink) and driven by Robert Jack. Ms. Habib alleges that she was injured when the driver did not reduce the speed of the bus when going over a speed bump. At the request of the parties, this trial dealt solely with the issue of liability.Facts...
The plaintiff, Dallas Plensky, was injured in a motor vehicle accident that occurred on July 20, 2004. The jury awarded Ms. Plensky $61,800 for the costs of future care as one component of its verdict. The defendants application is to deduct an appropriate amount from the jurys award for the cost of future care. The defendants do not seek to deduct any Insurance (Vehicle) Regulation, B.C. Reg. 447/83 [Regulation] Part 7 benefits paid to date....
This is an appeal from the decision of a Master dismissing the plaintiffs claim. The Reasons of the Master are indexed at 2008 BCSC 777. The plaintiffs truck was written off following an accident. The plaintiff contended that the defendant corporation did not offer appropriate compensation. The Master concluded that the claim was in substance a coverage dispute. As such, the claim had to be pursued through the procedure provided in the Insurance (Motor Vehicle) Act, R.S.B.C. 1996, c. 231. The court did not have jurisdiction.Facts...
The plaintiff, Brendan Esau, seeks damages for injuries sustained as a result of a motor vehicle accident that occurred on June 20, 2005 when the vehicle Mr. Esau was driving was struck from behind by the vehicle driven by the defendant, Dustin Myles....