Judgment in this personal injury case was delivered by the jury on December 3, 2015. The plaintiffs claims were dismissed. Counsel was invited to set a hearing down to address costs, and that hearing took place on March 3, 2016....
The plaintiff, Mr. Khoury, slipped and fell while visiting VanDusen Botanical Garden (the Garden) on November 19, 2011. He hurt his shoulder, which he says has interfered with his ability to earn income from his occupation, long haul trucking. He sues the owners and operators of the Garden, the Vancouver Board of Parks and Recreation and the City of Vancouver (collectively, the defendants) in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [OLA]. He says they did not do enough to protect patrons of the Garden from snow and ice hazards....
This case is about a low velocity motor vehicle accident. The defendants admit liability but dispute whether the accident injured the plaintiff and, if so, the degree and extent of any injury. They also say that the plaintiff has failed to mitigate her losses.I. FACTS...
Mr. Pausch claims he developed tinnitus and increased hearing loss after undergoing an MRI scan at the MRI clinic of the defendant, Vancouver Coastal Health Authority, operating as UBC Hospital, in 2008 (I will refer to all defendants in the singular throughout my reasons). He submits the defendant is liable because there was no specific check done to ensure the headset given to him for noise protection was free of defect and properly placed on his person. The defendant agrees it owed a duty of care to the plaintiff but says the plaintiff has not proven any other element of negligence. It says the claim must be dismissed.I. FACTS...
On the morning of January 9, 2008, the plaintiff Wayne Anderson was crossing the street to catch a bus to work when he was struck by a vehicle driven by the defendant Jacklyn Kozniuk (the Accident). In reasons delivered on December 8, 2011, Madam Justice Russell found Mr. Anderson 30% liable for his injuries because he failed to take sufficient care when crossing the street: Anderson v. Kozniuk, 2011 BCSC 1678 (the Liability Trial or Liability Decision)....
The plaintiffs apply for the production of documents by the defendants. This action has been brought pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50 [CPA] though it has not yet been certified. The plaintiffs seek both damages for injuries suffered and the recovery of fees paid for healthcare services. This application relates only to the first of those two claims....
The issue in this case is whether the defendant Board of School Trustees is liable to the plaintiff, Owen Paquette, for injuries he suffered when he fell off the roof of Peace Arch Elementary school on March 4, 2008. The plaintiff alleges the defendant was negligent and breached its duties under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 [OLA]. The plaintiff acknowledges partial liability but submits the defendant should be found between 60-75% liable for his injuries....