This is an appeal by the Crown from the decision of a provincial court judge to stay certain charges against the respondent, Mr. Van de Graaf, pursuant to s. 24(1) of the Charter, as a result of police misconduct in the course of his arrest. For the reasons that follow I would not interfere with the decision of the trial judge.I. FACTS...
This is an action for damages arising out of a motor vehicle accident. By agreement, this trial was restricted to the issue of liability.I. BACKGROUND...
In my reasons for judgment (2013 BCSC 1595), I awarded Mr. Dhillon damages for loss of opportunity of $5,000 and general damages of $40,000. I did not award court order interest on either amount. Mr. Jaffe, counsel for Mr. Dhillon, submits that I should have ordered interest on both, as they are both pecuniary judgments. Mr. Macdonald, counsel for Mr. Jaffer, takes the opposite view, submitting that I should not include court order interest on those two portions of my judgment....
This is an application to set aside a garnishing order issued after judgment.I. BACKGROUND...
These actions arise out of a motor vehicle accident that occurred on October 31, 2008 on West 11th Avenue in Vancouver. One vehicle, exiting from a parking stall, was struck by another which was proceeding in the same direction. The only issue is liability. Did the driver of the one vehicle pull out into the travelled portion of the roadway when it was unsafe to do so, or was the driver of the approaching vehicle driving too fast and without due care and attention so that he failed to see the exiting vehicle?I. BACKGROUND...
A former lawyer for the plaintiff, Rolf Reiner Kumant (Mr. Kumant), seeks leave to intervene in an application brought by the defendants subsequent to the trial in this proceeding. Both Mr. Kumant and the defendants object to the participation of the lawyer, William E. McNally (Mr. McNally).I. BACKGROUND...
Rolf Reiner Kumant (Mr. Kumant) was injured in a motor vehicle accident. Liability is admitted. This is an assessment of his damages.I. BACKGROUND...
This was a trial to determine liability for damages resulting from a motor vehicle accident. The essential question is: who reacted to whom in commencing the chain of events that led to the impact?I. Background...
This is an assessment of damages for personal injuries claimed by the plaintiff, Beverly Perry (Ms. Perry), arising from two motor vehicle accidents....
Mr. Murphy Costello (Mr. Costello) was injured in a motor vehicle accident on October 26, 2006. Liability is admitted by the defendants. At issue is the quantum of damages owed with respect to the extent of Mr. Costellos injuries from the relatively minor rear-end collision. A complication is that the accident took place about three months after Mr. Costello had back surgery.I. Background...