16 Feb Gee v. Basra and others
THE COURT: The plaintiff was injured in a motor vehicle accident on October 4, 2011. Liability for the accident has been admitted....
THE COURT: The plaintiff was injured in a motor vehicle accident on October 4, 2011. Liability for the accident has been admitted....
The plaintiff was injured in a motor vehicle accident on March 19, 2011. She was a seat-belted front passenger in a 2011 Toyota SUV. According to the plaintiffs submission, the circumstances of the accident were that the defendant had suddenly turned left immediately in front of the SUV in which the plaintiff was riding, causing in excess of $15,000.00 damage to the SUV....
The background to this costs assessment commences when the plaintiff was involved in a motor vehicle accident on April 8, 2011....
THE COURT: This is an application by the defendant to compel the plaintiff to attend an independent medical examination at the offices of an occupational therapist....
There were ten exhibits entered at the hearing as follows: Exhibit 1: A binder containing the appointment, the order after trial awarding the plaintiff $193,522.16, and a subsequent order ordering that the plaintiff is entitled to double costs on tariff items 34, 35 and 36, and also granting the plaintiff entitlement to certain other costs and disbursements. Three affidavits of plaintiffs counsel, Joseph A. Zak, an affidavit of Lola Mondin, Mr. Zaks legal assistant, attaching 98 exhibits proving most of the disbursements incurred by the plaintiff, two affidavits of Christine Watson, another legal assistant to plaintiffs counsel, an affidavit of Victoria, MacIvor, another legal assistant employed by the plaintiffs law firm, two letters dealing with one of the claims, an affidavit of Kim Dolson, the office accountant for the plaintiffs law firm. Exhibit 2: The plaintiffs list of documents, amended list of documents and second amended list of documents. Exhibit 3: The defendants list of documents. Exhibit 4: A binder containing two trial transcripts, copies of the plaintiffs closing submissions and reply, and the reasons for judgment dealing with quantum, with admissibility of fresh evidence, with costs and directions and oral reasons for judgment dealing with removal from Rule 15-1 and adjournment. Exhibit 5: An affidavit of Christine Watson attaching exhibits and providing evidence with respect to the disbursements related to Dr. Kevin Wing,...
This is an application by the plaintiff for summary judgment on the liability issues in this action....
This is an assessment of disputed disbursements following the settlement of the plaintiff's claim for damages resulting from a motor vehicle collision in which Ms. Vink was injured on August 10, 2010....
This is an assessment of the bill of costs of the plaintiff, Curtis Hampton. The background facts are set out in the affidavit of Joseph Zak made and filed September 12, 2014, in paragraphs 2 through 14 as follows:A. THE CLAIM2. This action was brought for the recovery of damages for personal injury and loss suffered by the plaintiff as a result of a pedestrian/motor vehicle collision that occurred on February 14, 2009. At that time, the plaintiff was standing with a group of his friends at the comer of 4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana] Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3. Osachoff was subsequently charged under the Criminal Code of Canada and later pled guilty to the offence of dangerous driving causing bodily harm.4. The Insurance Corporation of British Columbia denied liability to indemnify Osachoff and entered a third party notice in this proceeding contesting liability and quantum.5. The plaintiff claimed general and special damages, past income loss, impairment of income earning capacity and aggravated damages.6. The claim for aggravated damages took into account the nature of Osachoffs conduct and express lack of remorse.B. THE ACTION7. This action was commenced on January 14, 2011.8. The trial was initially set for hearing for November 19, 2012.9. On May 14, 2012, the plaintiff applied to adjourn the trial to enable him an opportunity to determine the extent of his residual disabilities. The application was contested. The matter was heard by Master McDiarmid who ordered that the trial be adjourned with costs of the application awarded to the plaintiff in any event of the cause.10. The trial was rescheduled to commence on June 9, 2014.11. The claim was settled in May 2014 for $280,000.00 plus costs and disbursements to be assessed.C. CURTIS HAMPTON12. The plaintiff was 20...
This is an assessment of disbursements only pursuant to a settlement reached between the parties which occurred prior to the trial scheduled to take place on July 7, 2014. I was advised by both counsel that the plaintiffs claim was settled before trial for $56,000.00, plus disbursements....
This is an assessment of three disbursements claimed by the plaintiff following settlement of his claims resulting from injuries he sustained in two motor vehicle accidents. The first accident was on July 27, 2008 and the second occurred on June 2, 2011....