This action arises from a motor vehicle accident (the Accident) which occurred on August 21, 2008. The plaintiff was walking in a mall parking lot and was struck by the defendants vehicle. In reasons for judgment indexed at Russell v. Parks, 2012 BCSC 1128, I found the plaintiff to be two-thirds contributorily negligent. I assessed his damages at $85,000. The award against the defendant, accordingly, was $28,305....
The defendant has brought an application pursuant to Rule 12-6(5)(a) to have the jury notice in this personal injury action struck and to have the matter proceed to trial without a jury. The jury notice was filed on July 14, 2012....
Lenord Russell seeks damages for the injuries he sustained in a motor vehicle accident which occurred on August 21st, 2008 (the Accident)....
This is an application by the defendant before me in my capacity as the assigned trial judge not to admit into evidence the report of the economist, Robert Carson, dated June 28, 2012, served July 3, 2012. The defendant opposes the admissibility of Mr. Carson's report on the following basis. First, it was not served within the time limits for serving expert evidence as per R. 11-6(3) of the Supreme Court Civil Rules. Secondly, the opinion regarding the value of the plaintiff's financial dependency on his wife, Zlata Moll is not relevant to any of the issues raised in the pleadings filed to date. In the alternative, the defendant seeks an order adjourning the trial....
The plaintiff seeks to have the trial of this action heard by the court with a jury. The application was heard on July 12, 2012. It raises the issue as to whether under the Supreme Court Civil Rules, which came into effect on July 1, 2010, a party which did not file a jury notice may, nonetheless, rely on a jury notice filed by another party and secure a trial by jury by paying the required fees. In light of the pending trial date being August 13, 2012, I am delivering these oral reasons for judgment today. I reserve the right to edit these reasons although that process will not involve a change in the decision or in the reasoning....
Charanjit Singh Buttar claims damages for the injuries he suffered in a motor vehicle accident which occurred on October 24, 2008 (the Accident)....