10 Mar Fehling v. Leger
The defendant is defending a claim arising out of a motor vehicle accident. He seeks liberty to add two individuals as third parties to the proceeding....
27 Feb R. v. Malcolm
Mr. Malcolm appeals his conviction on a charge of driving without reasonable consideration for other persons using the highway contrary to s. 144(1)(b) of the Motor Vehicle Act, R.S.B.C. 1996. c. 318 (the Act). He asserts that the evidence at trial could not support a guilty verdict.Proceedings at Trial...
07 Aug Toopitsin v. McMullen
The plaintiff in this case is a young woman in her mid‑teens. She suffered soft-tissue injuries in a car accident some six years ago. She maintains that her function is still limited by pain from those injuries and claims damages for pain and suffering and reduction of earning capacity....
02 Jun Huntley v. Daley
This is an assessment of the damages arising out of a motor vehicle accident. The accident happened four years ago. The plaintiff sustained soft tissue injuries in the accident. The plaintiff maintains that in addition to pain in her upper back, pain in her neck, and headaches complaints that are now essentially resolved she has also suffered a permanent loss of function owing to chronic pain that manifests in her lower back....
10 Mar Morice v. Toronto-Dominion Bank
Mr. Morice sued the Toronto-Dominion Bank for injuries he says he sustained when he fell outside of one of the Banks branch offices. Much time has passed since his writ was issued, yet little has been accomplished on the file. The Bank now applies for an order that Mr. Morices action be dismissed for want of prosecution....
21 Oct Tarasevich v. Samsam
The plaintiffs hips and sacrum were seriously injured in a motor vehicle accident. She has sued to recover damages for those injuries. The contest between the parties centers on the degree to which her injuries will limit her ability to work and to perform household tasks in the future.The Facts...
25 Sep Louie v. Webber
This is an application by the defendant to dismiss the plaintiffs claim for want of prosecution. The action concerns a 1998 motor vehicle accident. Unusually, the plaintiff bases her opposition to the motion on allegations of malfeasance by the defendants counsel.Litigation History...
15 May Embleton v. Innes
The plaintiff was injured in a car accident. The central issue in her claim for damages is whether there is a substantial possibility that her injuries will permanently impair her function.The Facts...
22 Nov Kulak v. Reliable Life Insurance Company
In the fall of 2008 Mr. Kulak went on vacation to Arizona. Before leaving B.C., he applied for and believed that he had purchased travel insurance from Reliable. The insurance was intended to indemnify him for medical expenses while he was away. In November 2008, Mr. Kulak was injured when the bicycle he was riding collided with a car. He was hospitalized and incurred medical expenses totaling $167,140 for treatment of his injuries. That sum includes the $18,000 USD cost of his medi‑vac flight from Arizona to B.C. Those expenses are properly within the scope of indemnity offered by Reliables policy. Reliable has refused to honor the insurance policy, citing an error in Mr. Kulaks application. That error, Reliable says, was Mr. Kulaks misrepresentation of a fact that was material to the risk insured by the policy. Reliable says that the misrepresentation rendered the insurance policy voidable....
02 Nov Perrin v. Lefebvre
Each party has sued the other alleging that the other caused the collision between their vehicles. They have agreed that the issue of liability in both actions be tried first and at the same time. The central question is whether one or both parties were negligent when one made a highway u-turn in front of the other. The credibility and reliability of the parties is very much in issue.The Facts...
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