25 Aug Biggs v. Doe

             On April 30, 2006, David Biggs was injured in a motor vehicle collision. He subsequently sued the defendants for damages. The trial spanned 12 days, and on April 22, 2014, Mr. Biggs’ claim was dismissed: see Biggs v. Doe, 2014 BCSC 685....

Read More

14 Jan Saopaseuth v. Phavongkham

             On May 21, 2014, reasons for judgment were issued in Saopaseuth v. Phavongkham, 2014 BCSC 887; thereafter, the parties were unable to reach agreement regarding costs. By written submissions, the parties have raised the following questions:1.       Should costs be assessed pursuant to Rule 15-1(15) of the Supreme Court Civil Rules, B.C. Reg. 168/2009?2.       Should the plaintiff be awarded special costs pursuant to Rule 14-1(1)(b)(i)?3.       Is the plaintiff entitled to an award of double costs from February 20, 2014, the date a formal offer to settle was delivered to the defendant?...

Read More

10 Jun Werner v. Fraser Health Authority

             On February 18, 2009, Tony Werner attended Chilliwack General Hospital (CGH) for a CT scan of his abdomen. This procedure required the intravenous introduction of a contrast dye; thus, a heparin lock (“hep-lock”) was inserted into a vein in Mr. Werner’s arm, by a CT technician, in preparation for the scan....

Read More

29 May MacAulay v. Field

             On February 16, 2010, the plaintiff Karen MacAulay sustained soft-tissue injuries to her neck and back in a motor vehicle collision with a pick-up truck driven by the defendant Arthur Field. Ms. MacAulay was the driver and sole occupant of a Mazda Miata, which was side-swiped on the driver’s side by the fish-tailing pick-up truck. The repair cost for the Miata was $4,647....

Read More

21 May Saopaseuth v. Phavongkham

             On January 15, 2011, Soukphavong Saopaseuth was injured in a motor vehicle accident (the “MVA”). Mr. Saopaseuth was the front seat passenger in the defendant’s Nissan Sentra sedan when it rear-ended another vehicle. Upon impact, Mr. Saopaseuth was thrust forward and then backward while secured by his seatbelt. He sustained soft-tissue injuries. The impact caused only the driver’s airbag to deploy....

Read More

22 Apr Biggs v. Doe

             On April 30, 2006, David Biggs was seriously injured in a motor vehicle collision on Highway 3, just east of exit 173, near Hope, B.C. The collision occurred when a motorcycle operated by Mr. Biggs collided with the pup trailer of a dump truck driven by Kevin Dueck. The vehicles collided shortly after Mr. Biggs entered the highway from an eastbound on-ramp, when he came into contact with the right front portion of the pup trailer as Mr. Dueck drove eastward in the far left lane (the “fast lane”) of three eastbound lanes. At this point along the highway there are two “through” lanes and one merging lane, several kilometres long, to the far right. This section of Highway 3 is virtually straight with a very slight ascending grade for eastbound traffic. The speed limit is 100 km/h. There were no adverse weather or road conditions at the time of the collision....

Read More

12 Sep Miles v. Kumar

             On the morning of October 20, 2007, Sapna Seema Kumar was the driver and lone occupant of a car travelling eastbound along Grandview Highway in Vancouver. As Ms Kumar neared Slocan Street she struck Sky Miles. Mr. Miles was riding a bicycle at the time, and just prior to the collision he had moved into Ms Kumar’s lane of travel in preparation for a left turn onto Slocan Street....

Read More

08 Feb Jackson v. School District No. 53 (Okanagan Similkameen)

             On October 5, 2006, after classes at South Okanagan Secondary School (“the school”) had ended for the day, Makwalla Hall assaulted Tylor Jackson in a school corridor. The two boys were in the ninth grade at the time. The assault consisted of a single punch to the left side of Tylor’s head, causing him to fall backwards and strike his head on a window. Most unfortunately, Tylor sustained a traumatic brain injury from the blow and it has left him mentally and physically compromised....

Read More

18 Feb Anderson v. Minhas

             On April 24, 2007, the parties were involved in a low-impact motor vehicle collision; the defendant “rear-ended” the plaintiff. He has admitted his liability for this act....

Read More