26 Apr Walker v. Doe
THE COURT: The two issues addressed in these reasons arose late yesterday afternoon while counsel and I were reviewing both my draft charge to the jury and the draft questions that they had prepared....
THE COURT: The two issues addressed in these reasons arose late yesterday afternoon while counsel and I were reviewing both my draft charge to the jury and the draft questions that they had prepared....
THE COURT: These reasons arise out of an objection brought today by counsel for ICBC during the course of the cross-examination of its expert, Dr. Toor. The following facts are relevant to and underlie the application....
THE COURT: In this case, the plaintiff, Mr. Walker, alleges that he was struck by a tire from an unidentified motorist while riding his motorcycle....
The plaintiff, Ms. Sevinski, was a passenger in a motor vehicle driven by the defendant, Ms. Vance, when she was involved in a motor vehicle accident. The accident took place on November 27, 2007 (the Accident). Liability for the Accident has been admitted. Ms. Sevinski maintains that she continues to suffer from various forms of functional impairment as a result of the Accident and that she now struggles with chronic pain syndrome....
These reasons arise out of an application brought by the defendants, Mr. Price and Ms. Bell, to have the plaintiff, Mr. Mahil, examined by Dr. Peter Gropper this coming Monday, April 4, 2011. Dr. Gropper is an orthopaedic specialist....
On September 17, 2004, the plaintiff, Mr. Zawadzki, was struck from behind by a U-Haul truck driven by the defendant Mr. Calimoso. At the time, he was walking north on 20th Street in New Westminster, British Columbia (the Accident). Mr. Calimoso denied liability throughout the trial. At the beginning of closing submissions, liability, subject to Mr. Zawadzkis potential contributory negligence, was admitted. The various distinct issues raised in this case are identified in the index found on the first page of these reasons.B) The Accident and Contributory Negligence...
Following a seven day trial the appellant, Simeon Denholme, was convicted of assault and unlawful confinement under sections 266 and 279 (2) of the Criminal Code, R.S.C. 1985, c. C-46....
The third party, the Insurance Corporation of British Columbia, applies to have the plaintiff, Ms. Kim, attend at a medical examination before Dr. Richard Kendall who is an orthopaedic surgeon.Background...
The defendants applied for two orders during the course of a Case Management Conference conducted under the former Rule 68(41). The first such order seeks to restrict the plaintiff to reliance on a single expert report. The second requires written summaries of evidence, for the witnesses which the plaintiff intends to call, that comply with Rule 68(31). The plaintiff, in turn, argues either: a) that by virtue of the application of s. 24-1(14) of the transitional provisions to the Supreme Court Civil Rules, B.C. Reg. 168/2009 (the New Rules), she is no longer required to adhere to these limitations or restrictions or, b) that the proper application of the discretion which I have would allow the plaintiff to file two expert reports. The plaintiff accepts that the contents of the witness summaries that have been provided to the defendants do not conform with the requirements of the former Rules.Background...
THE COURT: These are Oral Reasons arising from an application brought by the defendant Mr. Calimoso to have the plaintiff, Mr. Zawadzki attend at an independent medical examination before Dr. Baker. Dr. Baker is a physician who specializes in addiction disorders. The defendant U-Haul Co. (Canada) Ltd. takes no position on the application....