This is an appeal from a Masters summary judgment decision: 2015 BCSC 4. The appeal is based on a Court of Appeal decision handed down one day prior to the Masters decision: Century Services Inc. v. LeRoy, 2015 BCCA 120. The procedural point decided by the Court of Appeal was not argued in front of the Master....
On March 28, 2010 Mr. Havens was riding his motorcycle on a round trip to Squamish from his home in Vancouver. He was accompanied by a friend, Gordon Austrom, who was on his own motorcycle. On the return trip to Vancouver Mr. Havens' motorcycle went down near the on-ramp to the Lions Gate Bridge from Marine Drive. Mr. Havens was rendered unconscious and sustained brain injury. No vehicle stopped to acknowledge involvement in the accident....
The defendant, which I will refer to as Manulife, applies for an order disqualifying the plaintiff's counsel, Jan Fishman. The plaintiff's claim against Manulife is for benefits under a disability insurance policy. She also claims damages for breach of the insurer's obligation of good faith....
The plaintiff was involved in a motor vehicle accident on March 20, 2013 and suffered soft tissue injury. The defendant has admitted liability. The main issue in dispute is loss of earning capacity.II. Facts...
THE COURT: In this summary trial, the defendants seek dismissal of this slip and fall action, because it was started outside the applicable two-year limitation period provided by the Limitations Act, R.S.B.C. 1996, c. 266 (repealed). The plaintiff relies on a letter from the defendants' insurance adjuster as a confirmation of the cause of action under s. 5 of the Act....
This case is an assessment of damages for motor a vehicle accident with respect to which the defendant has admitted liability. Although the accident was minor in nature, the plaintiff, Ms. Miolla, claims it caused a balance problem, which makes her unable to work.I. The plaintiff...
The defendants apply to strike this action pursuant to Rule 9-5 or alternatively to have it dismissed pursuant to Rule 9-7....
In December 2001, the plaintiff, Mr. Sandhu, retained Mr. Schroeder to settle his personal injury claim against Mr. Moore and his claim against ICBC for Part VII benefits. (Previous to that, another lawyer handled these claims, and before seeing Mr. Schroeder, Mr. Sandhu filed a notice of intention to act in person.) In January 2002, Mr. Schroeder reached a settlement with defence counsel over the telephone. Mr. Sandhu signed a release and consent dismissal order. In this action - commenced in September 2009 - Mr. Sandhu claims that he did not understand the agreement and did not consent to a settlement of his claims. This was so, he says, because he was depressed and because he did not understand English well enough. He claims damages against Mr. Schroeder. His claim against ICBC can only be construed as one to set aside the settlement agreement. Both defendants plead a limitation defence....
On March 31, 2007 the plaintiff, Mr. Dempsey, was riding his bicycle eastward on 16th Avenue in Vancouver, when he collided with a panel van being driven by the defendant. In addition to scrapes and bruises, the plaintiff says he suffered soft tissue injury which was so debilitating that he could not perform his work as a real estate agent. During the trial, the defendant admitted liability and therefore this judgment concerns damages only....
Mr. Ibbitson was a helicopter logging faller. On July 21, 2001 he was driving home from the work site when, in Prince George, he was broadsided by a car being driven by Mr. Cooper and owned by Ms. Wagner. Mr. Ibbitsons three-quarter ton pickup truck was pushed into the opposing lane and was hit almost directly head-on by an oncoming tractor, travelling without a trailer. Mr. Cooper had run the stop sign....