15 Jul Adkin v. Grant

             The plaintiff Maureen Adkin claims damages for personal injuries which she sustained as the result of the motor vehicle accident which occurred on September 3, 2010, in Nanaimo. At about 3 o’clock that afternoon, the plaintiff was driving her 1987 Toyota Tercel east on Mostar Road. She was alone in her vehicle. She was travelling on an uphill grade, behind one or more vehicles that were approaching an intersection controlled by traffic lights. The traffic light for eastbound traffic turned yellow, and the plaintiff slowed down, as did the cars ahead of her. The defendant Charles Grant was following behind the plaintiff’s vehicle. He was driving a 2001 Ford pickup truck. The front of the defendant’s truck collided with the back end of the plaintiff’s car. The plaintiff applied her brakes so as not to run into the vehicle ahead of her, and managed to stop in time....

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06 Mar Knowles v. Lan

             On February 27, 2013, the plaintiff applied for orders which, if granted, would have the effect of reinstating the trial of this action to the trial list for March 4, 2013. The trial was removed from the trial list for March 4, 2013, by operation of Civil Rule 12-4 (5), after no party of record had filed a trial certificate “at least 14 days before . . . the scheduled trial date”, as required by Rule 12-4 (2)....

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15 Feb Schafer v. Whiteley

             In this trial, the plaintiff Natalie Krystle Schafer claims damages for personal injuries which she sustained as the result of a motor vehicle accident which occurred on May 5, 2010, in Nanaimo. The plaintiff alleges that the accident was caused solely by the negligent driving of the defendant Kaitlyn Whiteley. The claim against the defendant Karen Whiteley alleges vicarious liability on the ground that she was the registered owner of the vehicle being driven by Kaitlyn Whiteley. Both liability and damages are in issue.The Issue of LiabilityThe Accident...

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27 Jul Scoffield v. Jentsch

             In the trial of this action for damages for personal injuries, the plaintiff alleges that she was injured in a motor vehicle accident which occurred on April 9, 2009 in Nanaimo and alleges that the accident was caused solely by the negligent driving of the defendant.The Accident...

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16 Apr Noon v. Lawlor

             This has been the trial of an action for damages for personal injuries. The plaintiff, James Noon, alleged that he was injured in a motor vehicle accident which occurred on January 22, 2009, in Nanaimo and alleges that the accident was caused solely by the negligent driving of the defendant, Gordon James Lawlor.The accident...

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11 Apr Leigh v. Mead

             This has been the trial of an action for damages for personal injuries, on the issue of liability only. The plaintiff, Kristina Leigh alleges that she was injured as a pedestrian when she was struck by a motor vehicle being driven by the defendant, on September 7, 2007, at Nanaimo. It is alleged that the said accident was caused by the negligence of the defendant in the operation of her motor vehicle....

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22 Feb Aitken v. Bethell

             There are two applications before the court. The first is an application by the defendants RCMP Constable Joe Furtmann, RCMP Constable Turner and Minister of Public Safety and Solicitor General (“the applicants”). This application is brought pursuant to civil Rule 9-7, and was filed on January 31, 2012. The applicants seek the following orders:a)    An order dismissing the action as against the defendant Minister of Public Safety and Solicitor General (“the Minister”), on the ground that the action is barred by s. 10 of the Workers Compensation Act; andb)    An order dismissing the action as against the defendants Constable Furtmann and Constable Turner, on the ground that the action against them personally is barred by s. 21 of the Police Act....

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20 Apr Brooks-Martin v. Martin

             After a trial on the issue of liability only, I found the defendant James Martin to be 70% at fault for the accident in which the plaintiff was injured. I dismissed the action as against the defendant MacNutt Enterprises Ltd. I found that the plaintiff was contributorily negligent to the extent that she was 30% at fault for the accident. There is no dispute that the successful defendant is entitled to its costs, but several issues relating to costs have arisen.The applications...

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16 Feb Brooks-Martin v. Martin

             The trial of this action for damages for personal injury proceeded on the issue of liability only. Settlement had previously been concluded between the parties, on the issue of damages....

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01 Dec Brooks-Martin v. Martin

           On November 18, 2010, at the close of the plaintiff’s case, counsel on behalf of the defendant MacNutt Enterprises Ltd. made a no evidence motion on behalf of his client. After considerable argument, this application was abandoned. But the application was renewed, after the defendant James Martin elected to call evidence, did call evidence and closed his case. On November 22, 2010, I gave a relatively brief oral ruling in which I dismissed the no evidence motion, and said that I would file written reasons to explain my decision, at a later date....

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