17 Apr Advantage Helicopters Inc. v. Heliponents

Posted at 00:00h in Motor Vehicle Accident

             On October 6, 2007, a 1964 Bell 204B helicopter owned by Rilpa Enterprises (“Rilpa”) and leased by Advantage Helicopters Inc. (“Advantage”), experienced a sudden and total loss of tail rotor drive and crashed while being used to conduct heli-logging operations near Kaslo, British Columbia. The main transmission assembly of the helicopter had been overhauled by the defendant, Heliponents, Inc. (“Heliponents”) at its Mesa, Arizona facility in May 2007. The plaintiffs allege the accident occurred as a result of the negligent overhaul of the transmission, which resulted in starvation of oil supply to bearings in the quill assembly of the transmission, failure of the duplex bearing set, seizure of that portion of the transmission, and the fracture of the tail rotor driveshaft....

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02 Apr Breberin v. Santos

Posted at 00:00h in Motor Vehicle Accident

             The defendants apply for an order dismissing  the plaintiff’s claim pursuant to Rules 22-7(5) and (6), as a result of the plaintiff’s failure to comply with the Rules or to comply with a direction of the court and, in the alternative, for an order finding the plaintiff in contempt of court and dismissing her claim for that contempt.History of Proceedings...

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19 Nov Wallman v. Insurance Corporation of British Columbia

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The plaintiff applies for leave to extend the time within which an application may be brought to strike the jury notice and for an order striking the notice in this case on the grounds the issues require the prolonged examination of documents and accounts or a scientific investigation that may not be conveniently conducted by a jury and on the ground the issues are of a complex character.History of the Proceedings...

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09 Jul Breberin v. Santos

Posted at 00:00h in Motor Vehicle Accident

             This is an application to strike the plaintiff’s claim as a consequence of her contempt of court and her failure to comply with the Supreme Court Civil Rules. ...

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08 Sep Khunkhun v. Titus

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  The trial of this matter was heard by me sitting with a jury from April 18 to May 4, 2011.  Liability was admitted.  The nature and extent of the plaintiff's injuries and the quantum of damages were in issue.  The plaintiff advanced a claim described in her trial brief as having a value of $961,000.  In argument, the plaintiff claimed, in addition to unspecified non-pecuniary damages, gross income loss to trial in excess of $100,000 and future pecuniary losses in the range of 265,000 to $663,000....

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02 Aug Harrington v. Sangha

Posted at 00:00h in Motor Vehicle Accident

             At approximately 11:30 a.m. on January 18, 2007, Mr. Hardip Sangha (“Sangha”) lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his vehicle slide across the road as the trailer swung around the tractor. As this occurred, Mr. Raoul Thiels (“Thiels”) was approaching the same location driving a tractor trailer south, toward Williams Lake. When he saw the Sangha truck sliding sideways across the road into his path of travel, he felt that there was no option but to intentionally drive his truck off the west side of the road into a ditch and snowbank. The vehicles missed each other narrowly. Sangha’s truck swung around 180 degrees and ended in the ditch on the east side of Highway 97 with the tractor facing south. Thiels’ truck hit the bank of the ditch on the west side of the road and its trailer then pivoted across the travelled portion of the highway, blocking the southbound lane entirely and impinging significantly on the northbound lane....

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28 Apr Breberin v. Santos

Posted at 00:00h in Motor Vehicle Accident

             THE COURT:  This is an application by the defendants in this motor vehicle action for an order requiring the plaintiff, Dragana Breberin, to attend at a medical examination at the office of Dr. Stephen Wiseman at one o'clock on July 8, 2011, at St. Paul's Hospital.  The purpose of that attendance is for Dr. Wiseman to examine the plaintiff and prepare a medical-legal report for the assistance of the defendants in addressing the plaintiff's claim at trial.  There is agreement between the parties that the defendants are entitled to have the plaintiff attend at an independent medical examination by a psychiatrist and there is no challenge to Dr. Wiseman's specific qualifications to perform that examination.  The issue before me is whether the examination of the plaintiff, if ordered by the court, should take place where the plaintiff resides, Edmonton, Alberta, or whether the defendants are entitled to choose the place of the examination as well as the expert who will conduct the independent medical examination....

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