26 Sep Hove v. Inglis
There were two notices of applications heard by me on August 28, 2012....
There were two notices of applications heard by me on August 28, 2012....
The issue in the application before me is to determine how much is to be the payment [for 240 pages of photocopying] in advance of the cost of reproduction and service, as set out in Rule 7-1(16) of the Supreme Court Civil Rules (Civil Rules)....
This is an assessment of the plaintiffs bill of costs. The bill of costs follows settlement of a claim for injuries she suffered in a motor vehicle accident which occurred on October 10, 2004. From submissions made before me, it would appear that the defendant, Van Loc Nguyen, while his ability to operate a motor vehicle was impaired, drove through a red light and t-boned the vehicle being driven by the plaintiff. From submissions made to me and from a review of some of the expert reports provided to me, the plaintiff may have been rendered unconscious, suffered significant injuries and largely recovered. As a result of her own abilities, she minimized the impact of her injuries on her future earnings....
On September 21, 2011, I issued my decision in this matter, cited at 2011 BCSC 1258, dismissing the defendant Cais application to compel the plaintiff to attend at the offices of Dr. Simon Horlick and submit to a medical examination. The medical examination was scheduled to take place on September 29, 2011; to prevent the imposition of a cancellation fee, I issued brief written reasons dismissing the application, with more detailed reasons to follow....
Following a trial before Madam Justice Hyslop with a jury, which took place between December 6 and 14, 2010, the plaintiff was found to be 45% liable for a motor vehicle accident which occurred July 22, 2006, and the defendant, 55% liable. The jury assessed non-pecuniary damages at $6,000.00, $1,500.00 past wage loss and $100.00 special damages for total damages of $7,600.00, reduced by 45%. By virtue of s. 83 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, (the Act), there was a further reduction of $300.00 resulting in a judgment award to the plaintiff of $3,880.00...