15 Jan McAdam v. Rosling

Posted at 00:00h in Motor Vehicle Accident

             This is an assessment of the plaintiff’s bill of costs following a mediated settlement of the personal injury action. That settlement was reached two business days before the commencement of a nine-day trial and included an agreement that the defendant pay the plaintiff’s reasonable costs. The parties have been able to agree on the majority of tariff items and disbursements claimed in the bill. Remaining at issue are the number of units to be allowed for tariff items 1, 2, 6, 10, 11, 14, 17, 32 and 46 and charges for the following disbursements: the functional capacity report and cost of future care report of Back in Motion Functional Assessments Inc., the witness cancellation fee issued by Back in Motion when the action settled shortly before trial, and the vocational report of Trainor Vocational Consulting Corp.Background Facts...

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30 Nov Burton v. Guthrie

Posted at 00:00h in Uncategorised

             This is a personal injury action arising from an alleged encounter between two dogs: Max, a morkie and Sam, a golden retriever. The encounter is said to have occurred on November 14, 2013, when Ms. Burton was walking Max, on leash, in a residential neighbourhood in Parksville, B.C. The plaintiff alleges that she was charged at and pushed down to the ground by off-leash Sam. As a result of the fall, Ms. Burton suffered some serious injuries. Max is also said to have been injured by Sam in the melee. The defendants are Sam’s owners and deny virtually all of the plaintiff’s allegations of fact....

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30 Oct Wilder v. Munro

Posted at 00:00h in Motor Vehicle Accident

             This is a fast track personal injury action set to proceed to trial on December 14, 2015. The action has been discontinued against the defendant Paddock....

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23 Oct Elworthy v. Tillit

Posted at 00:00h in Motor Vehicle Accident

             This action is one of two personal injury claims brought by the plaintiff. In this proceeding, the plaintiff is alleged to have been injured in a motor vehicle accident on July 5, 2013. The other proceeding, Elworthy v.Stewart, Victoria Registry no. 15‑2263, concerns injuries suffered by the plaintiff on March 13, 2015, while operating a bicycle. Liability, causation and the quantum of damages are contentious issues in both proceedings....

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09 Oct Jones v. West Shore Parks and Recreation Society

Posted at 00:00h in Uncategorised

             The plaintiff seeks an order for broad document disclosure by the defendants as well as two non-parties. Much of the relief sought was resolved by agreement through counsel. The only issue before the court is whether the defendants ought to disclose two documents over which litigation privilege is claimed. Those documents are described in the defendants’ list of documents as Claimspro Inc. – Independent Adjuster’s Preliminary Report dated September 10, 2013 and Claimspro Inc. – Independent Adjuster’s Confidential Report #1 dated October 31, 2013....

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19 Dec Garford v. Findlow

Posted at 00:00h in Motor Vehicle Accident

             The defendants in these two actions seek an order that the plaintiff attend an independent medical examination (“IME”) with Dr. Robert Miller, a psychiatrist. The appointment with Dr. Miller is scheduled to take place on January 12, 2015. Ms. Garford refuses to attend the examination, having already submitted to defence medical examinations with a neurologist, an orthopedic surgeon and a dentist....

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14 Mar Harvey v. Tooshley

Posted at 00:00h in Uncategorised

             These reasons address the assessment of costs in two personal injury actions governed by Rule 15-1 of the Supreme Court Civil Rules (“SCCR”). The style of cause in the second action is Harvey v. Phillips, Victoria Registry No. 11-4905 (the “Phillips action”). Brittany Harvey is the sole plaintiff in both actions. By order of the court, the trials in these actions were to be heard at the same time. The two actions were settled for a global figure about four days before the commencement of trial....

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