On the afternoon of October 28, 2004, the plaintiff, a 17 year-old labourer at a window manufacturing company and part-time university student, attended at the Chilliwack General Hospital emergency department for suturing of a laceration he had sustained at work. He was discharged from hospital the next morning with sutures in his hand, a basal skull fracture, and a significant brain injury....
THE COURT: The plaintiff seeks damages for injuries alleged to have been sustained by her when a Translink bus on which she was a passenger braked suddenly to avoid a collision with a vehicle driven by an unidentified motorist....
On June 6, 2012, following 2 ½ days of evidence and argument, I pronounced judgment on the issue of liability for a motor vehicle accident. Quantum of damages had been agreed upon. I found wholly in favour of the plaintiff. The plaintiff now seeks double costs of all steps taken after delivery of an offer to settle on May 10, 2012....
The plaintiff was injured in a motor vehicle accident on August 31, 2006. I have concluded that the greater portion of fault rests with the defendant. I have also found that the plaintiff suffered a period of disability of approximately five months duration, following which he continued to have minimal residual symptoms attributable to the accident. However, I have found that the majority of his complaints since the end of his period of disability, and moving forward into the future, are and will be attributable not to the subject accident, but to a longstanding pre-existing back condition and to other independent factors for which the defendant bears no liability.Circumstances of Accident and Liability...
In Oral Reasons for Judgment pronounced June 17, 2011, indexed at 2011 BCSC 988, I found the plaintiff 70% at fault for a motor vehicle collision, and awarded her 30% of her damages, which I assessed at $31,500, plus physiotherapy user fees. It appears that the total damages payable to the plaintiff may amount to something less than $10,000. Pursuant to s. 3 of the Negligence Act, RSBC 1998 c. 333, the plaintiff would be entitled to 30% of her costs throughout....
The plaintiff, Michelle Rintoul, 27 years of age at the time of trial, was walking across Richards Street at the intersection with Dunsmuir Street in downtown Vancouver, late in the afternoon of November 3, 2006, when she was struck by a vehicle being driven by the defendant. She was knocked to the ground and suffered injuries, including a head injury....
THE COURT: The subject motor vehicle accident happened on January 31, 2006, at the intersection of 64th Avenue and 152nd Street in Surrey. It was dark and raining. The plaintiff was westbound on 64th Avenue; her evidence is that she was intending to drive further along 64th and eventually to turn right and proceed north up 144th Street....
THE COURT: The plaintiffs in these two actions, Jennifer and Jeffery Green, were occupants of a motor vehicle involved in a serious collision with a Ford pickup truck owned by the defendant Robert McIvor. Mr. McIvor had given possession of the truck to his daughter, the defendant Jill McIvor, who, for the sake of convenience, I will refer to her by her first name largely throughout these reasons....
THE COURT: The claimant seeks declarations against the defendant, Insurance Corporation of British Columbia, of her entitlement to reinstatement of temporary total disability benefits and to ongoing physiotherapy and massage therapy benefits as afforded by Part 7 of the Regulations to the Insurance (Motor Vehicle) Act. The claimant has complained since her accident of significant neck discomfort and also numbness in her left thumb, symptoms which she says now disable her and have continued since the accident to disable her from her employment. ICBC opposes the application on the grounds that the claimant is not totally disabled from her employment and, alternatively, that her present injury was directly or indirectly caused by a pre-existing, albeit, at least in part, asymptomatic condition, specifically pre-existing degenerative changes in the cervical spine, bringing the claimant within the exclusion under s. 96(f) of the Regulations....
The defendant ICBC applies under Rule 18A for dismissal of the claim brought against it by the plaintiff under s. 24 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231....