In two applications argued on behalf of two insureds, Progressive Max Insurance Company (Progressive), an insurer carrying on business in the United States, seeks to revisit a subrogation issue it litigated unsuccessfully in Matilda v. MacLeod, 2000 BCCA 1....
This action, in which damages were claimed for breach of duties under the Occupiers Liability Act, R.S.B.C. 1996, c. 337, resulted in an equal division of liability between plaintiff and defendant, with the plaintiffs damages assessed at $250,182.38 before apportionment for contributory negligence. The reasons for these results can be found at 2015 BCSC 26....
On May 11, 2011, the plaintiff, Beverly Tenhunen, slipped and fell on a ramp outside a home rented by her daughter, the defendant, Kim Tenhunen. Beverly Tenhunen brings this action for damages flowing from injuries she suffered in the fall....
In this action the plaintiff claims damages for injuries suffered in a motor vehicle accident. The defendant admits that the accident was her fault and further admits that the plaintiff suffered some injury, entitling him to compensation. At issue are the extent of the injuries resulting from the accident and, in particular, the causal connection between the accident and ongoing headaches suffered by the plaintiff....
THE COURT: This is a trial into the question of liability for an accident in which a trailer being towed by a vehicle driven by the defendant, Mr. Carriere, ran over Ms. Solberg in a parking lot. Issues of liability were severed from issues of damages by an order granted June 2, 2014....
This is a claim for damages arising out of a motor vehicle accident that occurred July 26, 2010. The defendant has admitted liability for the accident and -quite refreshingly - has admitted the plaintiff was injured in the accident....
The plaintiff became entitled to his costs of two actions which were heard at the same time and which arose out of two motor vehicle accidents, all as provided in a decision indexed at 2013 BCSC 1707....
The plaintiff claims damages arising out of a motor vehicle accident on September 28, 2009. The accident occurred when the defendant, Sean Douglas Williams, entered an intersection at 88th Avenue and 192nd Street in Surrey, without stopping at a stop sign, and while the plaintiff had the right-of-way. While counsel for the third party was unable to admit liability on the part of Mr. Williams, he led no evidence to contest the plaintiffs evidence, nor did he advance any argument that contradicted the plaintiffs argument that the defendant Williams was 100 percent responsible for the accident. I find the defendant Williams 100 percent responsible for the accident....
The plaintiff, Patricia Stovel, was injured in a motor vehicle collision in Nanaimo, B.C., on September 2, 2009. The defendants admit liability for the accident and further admit that Ms. Stovel sustained some injury, loss and damage as a result of the accident. At issue is the extent of those injuries the accident caused to Ms. Stovel, or to which it contributed by way of aggravating pre-existing conditions, and the quantum of damages to be awarded to Ms. Stovel in the circumstances.Background...
This action is brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50, by four plaintiffs -- Mr. Charlton, Mr. Mandell, Ms. Leone, and Ms. Smith-Turner -- who allege that drugs manufactured and marketed by the defendants caused them injury. Two other plaintiffs, Ms. Charlton and Mr. Turner, allege that they suffered loss and damage flowing from the injuries to their spouses. The plaintiffs advance their claims under consumer protection, competition and trade legislation, as well as in strict liability, negligence and negligent misrepresentation, breach of warranty, and waiver of tort....