05 Mar Lakhani v. Elliott

           The plaintiff, Ms. Lakhani, advanced a claim for damages arising out of a motor vehicle accident. Following the release of my Reasons for Judgment, which can be found at 2009 BCSC 1058, the parties returned before me to address two specific issues relating to an award of costs:i)          did the plaintiff’s failure to be forthright in the evidence she gave at trial disentitle her to the award of double costs which she might otherwise receive under Rule 37B?; andii)         given Rule 57(7), is the plaintiff entitled to recover the costs and disbursements related to several specific witnesses?Background...

Read More

01 Mar OLeary v. Rupert

             The plaintiff, Mrs. O’Leary, and her son rented a basement apartment in the house of the defendants, Mr. and Mrs. Rupert. On January 12, 2007, Mrs. O’Leary slipped and fell in the driveway of the Rupert home. She suffered a second-degree sprain of her ankle. She continues to be impeded in some of the recreational activities that she historically enjoyed....

Read More