11 Apr Matharu v. Gill

Posted at 00:00h in Motor Vehicle Accident

             Hardeep Matharu, the plaintiff, was driving west on Nordel Way in her mother’s pickup truck when it collided with the van driven by the defendant, Balwant Gill. The parties each say the accident was caused by the negligence of the other party. The defendant acknowledges that Ms. Matharu suffered soft tissue injuries as a result of the accident, but takes issue with the nature and extent of the symptoms she suffered. The defendant says that any persisting symptoms experienced by Ms. Matharu were caused by her pre-existing conditions of inflammatory polyarthritis, osteoporosis, anemia and anxiety disorder. As a result of the parties’ positions, liability and damages were seriously contested at the trial of this action. In the reasons which follow, I set out my conclusions on both.Liability...

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25 Feb Pavan v. Guolo

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff Roberto Pavan was injured on September 22, 2010, when the car he was driving collided with a limousine driven by Mr. Guolo. By agreement, the issue of liability for the motor vehicle accident was determined in a separate trial. In the decision indexed as Pavan v. Guolo, 2016 BCSC 23, Burnyeat J. found the defendants to be entirely at fault for the accident. This action proceeded before me to determine damages.Background...

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18 Nov Kondor v. Shea

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff, Bernadette Kondor, seeks damages for injuries arising from a motor vehicle accident at the intersection of St. Johns Street and Grant in Port Moody, B.C. The accident occurred on September 4, 2009 when the vehicle driven by the defendant, Dylan Shea attempted to execute a left turn onto St. Johns Street. Mr. Shea did not see Ms. Kondor’s vehicle, which he struck on the front passenger side with considerable force (the “Accident”). The defendants have admitted liability for the Accident. Ms. Kondor’s head struck her windshield and her body hit the steering wheel and dashboard. Ms. Kondor was transported to Royal Columbian Hospital by ambulance for treatment. She suffered bruises and abrasions to her face and body. She also suffered soft tissue injuries to her cervical spine and low back. Prior to the Accident, Ms. Kondor had a history of depression, anxiety, and Obsessive Compulsive Disorder (“OCD”). The Accident caused an increase in her anxiety and OCD symptoms....

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12 May Walker v. John Doe

Posted at 00:00h in Motor Vehicle Accident

             The defendant, the Insurance Corporation of British Columbia (“ICBC”) brings this application to strike out statements made in three letters by counsel for the plaintiff which are directed at three expert witnesses whose reports are relied on by the defendant. The letters from counsel were delivered in accordance with R.11-6 (10) of the Supreme Court Civil Rules, BC Reg. 168/2009 [“Rules”], and serve as the plaintiff’s notice of objection to the admissibility of each of the expert’s evidence. The language in the three letters in question is identical except for the expert’s name. The letters set out in very general terms - which could be described as “boilerplate” - the reasons why the plaintiff says the reports are inadmissible. The statement to which the defendant objects in each of the letters reads as follows:6.         We shall seek sanctions personally against [expert’s name], including but not limited to Special Costs....

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08 May Bay v. Pasieka

Posted at 00:00h in Motor Vehicle Accident

             On January 27, 2010, following a two-day trial, the action of the plaintiff, Laurie-Ann Bay, against the defendant, Todd Pasieka, was dismissed. I ordered that the issue of costs be adjourned with liberty to the parties to apply to the court if an agreement could not be reached. Three-and-a-half years after the trial, the defendant now applies for costs. The defendant seeks costs at Scale B and double costs from November 14, 2006, the date an offer to settle was made, to the present. The plaintiff says that each party should bear their own costs....

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19 Sep Eckford v. Van Der Woude

Posted at 00:00h in Motor Vehicle Accident

             This is an action by the plaintiff, Kathryn Eckford, under the Wills Variation Act, R.S.B.C. 1996, c. 490 (the “Act”), for a declaration that the will of Johan Gerard Van Der Woude also known as John Garry Vanderwood (the “Testator”) did not make adequate provision for the proper maintenance and support of Ms. Eckford. Ms. Eckford seeks an order varying the will on terms this Court thinks are adequate, just and equitable in the circumstances....

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21 May Vukelich v. Vliegenthart

Posted at 00:00h in Motor Vehicle Accident

             At approximately 6:15 p.m. on May 15, 2010, Christine Vliegenthart was driving westbound on Highway 10 (also called 56th Avenue) in Surrey. It was a sunny day, the visibility was good and the roads were dry. She had four of her children, Shaeanna, Maxen, Jaden and Milan (the “Infant Plaintiffs”) in her 2009 Infiniti QX 56 Sport Utility Vehicle (the “SUV”). She entered the left turn lane at the intersection of Highway 10 and 192nd Street in order to turn south. After the car in front of the SUV completed a left turn, Ms. Vliegenthart noticed that the light had turned yellow. She proceeded to make her left turn without noticing the approaching 2007 Dodge Ram 150 pick-up truck (the “Truck”)....

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22 Oct Bossio v. Li

Posted at 00:00h in Motor Vehicle Accident

             On January 21, 2009, Gaspere Bossio was rear-ended while driving on Como Lake Road in Coquitlam. He suffered soft tissue injuries in the accident which had an immediate and significant impact on him. The defendant driver, Ms. Yee Li, has admitted liability. The trial proceeded before me for an assessment of damages. The parties do not have significant disputes between them regarding the facts. The defendant does not take issue with the plaintiff’s credibility. There are limited disputes about the medical findings. Those disputes relate to whether Mr. Bossio has substantially recovered from his injuries and whether he is suffering from a chronic pain disorder. Accordingly, the real issues in this case are the extent to which Mr. Bossio has, to date, recovered from his injuries, and the extent to which he is likely to continue to experience episodic pain and have functional difficulties as a result of those injuries....

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30 Nov Ng v. Sarkaria

Posted at 00:00h in Motor Vehicle Accident

             Shao Ng was driving home in the early morning of July 22, 2007 when his Dodge Durango was struck by a car driven by the defendant, Mandeep Sarkaria.  At the time of the collision Mr. Ng was driving north on Granville Street.  The defendants’ vehicle unexpectedly turned left into the path of the Durango.  The force of the impact was significant.  The airbags in Mr. Ng’s vehicle were deployed as a result of the collision.  The vehicle ended up on the sidewalk on the east side of Granville Street.  The defendants have admitted liability for the accident....

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10 Nov Corfield v. Shaw

Posted at 00:00h in Other

             At the suggestion of her employer, Joy Corfield decided to leave work at the local laundromat and learn a trade.  She took an introductory plumbing course at Malaspina College and started working at Baker Industries Ltd. (“Baker Industries”), a small family plumbing business.  Initially, she worked as an unpaid “job-shadow” with a journeyman plumber, but was soon hired as an apprentice.  Her employment at Baker Industries lasted for less than a year.  She says that her supervisor, Phil Shaw, sexually assaulted her on a number of occasions in 2005 while they were working together (the “Assaults”).  Shortly after revealing this to Ian Baker, the owner of Baker Industries and stepfather of Mr. Shaw, she quit and eventually commenced this action.  She says that since the Assaults, she has suffered severe emotional distress....

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