30 Dec Jackson v. Mongrain

Posted at 00:00h in Motor Vehicle Accident

           The plaintiff claims damages for negligence arising out of a motor vehicle accident which occurred on April 8, 2006 on the Lougheed Highway. The vehicle in which the plaintiff was a passenger was stopped in the left lane for eastbound traffic waiting for the vehicle ahead of it to complete a manoeuvre. The defendant drove her vehicle into the rear of the vehicle in which the plaintiff was seated. That the defendant was negligent is admitted. A pleading of contributory negligence is not pressed. That the plaintiff was injured is accepted by the defendant. A failure by the plaintiff to mitigate his loss is alleged by the defendant....

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03 Dec Smeltzer v. Merrison

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  (Oral) This case arises out of a motor vehicle accident which occurred on November 16, 2007 on 222 Street in Maple Ridge.  It was about 1:45 p.m.  The weather was clear.  The plaintiff was proceeding southbound on 222nd, just south of Dewdney Trunk Road.  She made a left turn, intent on entering the “Ground-Level Parking” entrance to the Gordon Tower.  Her vehicle was struck by a northbound vehicle driven by the defendant, Krystal Merrison, as she then was.  The plaintiff’s vehicle was a van, a Mazda MPV.  The defendant’s vehicle was a Toyota Corolla.  222nd has one marked lane in each direction until northbound traffic reaches a point just before Dewdney Trunk Road.  There, a solid white line extends 95 feet south, dividing traffic into lanes for right turning vehicles and vehicles going straight through or turning left.  Exhibit 3 is a diagram, and Exhibit 1 photos.  They lay out all of this....

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08 Sep Van Den Hemel v. Kugathasan

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence. Two actions were tried together. The first action is the plaintiff versus Kugathasan. That action arises out of a motor vehicle accident in Richmond, British Columbia April 21, 2006. Liability is admitted. The second action is the plaintiff versus Mo. That action arises out of a motor vehicle accident in Richmond, British Columbia on July 18, 2006. Liability is admitted. One counsel acts for both defendants. In each action, the defendant pled contributory negligence. In both actions that pleading was abandoned. I must assess the damages. The case proceeded on the assumption that no thought need be given to apportioning (so to speak) the award of damages between defendants. Nor could it be in the circumstances that obtain here for the evidence reveals injuries which are, for the purposes of the law, indivisible: Bradley v. Groves, 2010 BCCA 361....

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23 Aug Grewal-Cheema v. Tassone

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence arising out of a motor vehicle accident which occurred on March 23, 2007.  The vehicle being driven by the defendant Alberto Tassone rear ended the plaintiff’s vehicle.  Liability has been admitted.  I must assess the damages....

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20 Jan Poirier v. Aubrey

Posted at 00:00h in Motor Vehicle Accident

             The plaintiff claims damages for negligence arising out of a motor vehicle collision which occurred on September 5, 2006 on Highway #1 near the 176 Street exit and approaching the Port Mann Bridge in the City of Surrey.  The plaintiff’s vehicle was struck from the rear.  The defendant admits liability....

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