23 February

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Assault leads to damages award

Posted by khauer

In the recent case of Basic v. Barjaktarovic, 2019 BCSC 142, the court addressed issues on liability and damages with respect to an alleged assault and battery occurring in September 2012. At some point, in or around October of 2010, the defendant, Mr. Barjaktarovic, asked the plaintiff to fix a broken metal gate at his home. To thank him for his help, Mr. Barjakarovic gave the plaintiff a bottle of homemade Slivovic brandy, which he accepted and took home with him, unopened. The plaintiff suffered from a delusional disorder, persecutory type, and seems to be one of long standing. The...

27 January

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Sheriffs negligent for violent take-down of elderly visitor – $65K damages awarded

Posted by khauer

in Damges, Evidence, pain and suffering, Weight

In the recent decision of Sweeney v. British Columbia 2018 BCSC 1832, the plaintiff sought damages after being injured after a takedown at the Victoria, B.C. courthouse in 2014. The issues before the Court were whether the sheriffs breached the standard of care in forcibly escorting Mr. Sweeney to the exit of the courthouse and/or executing the takedown, whether Mr. Sweeney was contributorily negligent, what injuries Mr. Sweeney suffered as a result of the takedown, and what damages are appropriate to compensate him for his injuries. The counsel for the Plaintiff was Karl Hauer. The counsels for the Defendant were...

15 January

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Strata corp not liable for pedestrian hitting arm on sign post

Posted by khauer

in Damges, Duty of care, Personal Injury

In the recent decision of Paget v. Strata Plan LMS 1953 – Kenwood 2018 BCPC 213, the Claimant occupied a unit in a townhouse complex owned by the defendant strata corporation. On July 21, 2015, the Claimant, Kenneth Paget, then aged 62 years, was out walking when he struck his head on the horizontal arm of a stationary sign post near the driveway entrance to his townhouse complex, known as the Kenwood, located at 5298 Oakmont Crescent, in Burnaby, BC. The Claimant was returning from a walk and, on approaching the entrance to the complex, travelled off of the sidewalk...

12 December

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Collision with train leads to $1.4 million award

Posted by khauer

in Contributory Negligence, Damges, Duty of care, earning capacity, pain and suffering, Personal Injury, wage loss

In the recent case of Huang v. Canadian National Railway Company, 2018 BCSC 1235, a train owned and operated by the Canadian National Railway (“CNR”) struck the passenger side of Jane Huang’s vehicle. She was crossing railway tracks on Smith Crescent close to Glover Road in Langley, BC (“Smith Crossing”) (“Collision”). Ms. Huang was seriously injured in the Collision. Her most significant injuries include an incomplete spinal cord injury and a traumatic brain injury. Smith Crossing is one of a series of railway crossings adjacent to Glover Road, forming part of what is called the Page railway subdivision (“PSD”). The Canadian Pacific...

01 October

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Forty grams per day of marijuana likely to blame for plaintiff’s foggy memory

Posted by khauer

in Contributory Negligence, Damges, pain and suffering

In the recent case of Kirby v. Loubert, 2018 BCSC 498, the plaintiff, Mr. Kirby, claimed damages for injuries he suffered in an intersection motor vehicle collision. The collision occurred on March 4, 2009, in Vancouver. Mr. Kirby was already a paraplegic at the time of the accident. He used 20 grams per day of marijuana to help him deal with the pain. The defendant, Mr. Loubert, had been driving northbound on Main Street and was turning left at National Avenue. Mr. Kirby was driving southbound on Main Street in the curb lane, heading straight through that intersection. They collided as...

03 September

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Painted yellow line not needed to show a drop in pavement: change in asphalt colours can substitute

Posted by khauer

in Contributory Negligence, Damges, Duty of care, Trip and fall

In the recent decision of Sapia v. Invermere (District), 2018 BCSC 1145, the court held a painted yellow line was not needed to identify a drop in pavement height, which could cause a fall. The plaintiff, who was injured in a fall, sought damages from the municipality for negligent maintenance of a walkway leading to a senior citizen’s hall. On October 17, 2014, the plaintiff, Ms. Sapia, was 82 years old and a regular patron of the Invermere Seniors’ Hall (the “hall”). As she was leaving the hall, Ms. Sapia fell to her left in an area where the walkway...

17 August

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The Money Management Award in Personal Injury Actions

Posted by khauer

in management fee, money management award

In the case of Turner v. Dionne, 2018 BCSC 1075, the Court addressed the issue of a money management award for the Plaintiff, Ms. Turner. In an earlier judgment issued ten months earlier on October 25, 2017, the Court found the defendant liable to the plaintiff, Ms. Turner, for damages for injuries arising out of a motor vehicle accident. Ms. Turner was awarded damages totalling $1,426,002.83. This sum included $950,000 for future loss of earning capacity and $145,489 for cost of future care. The parties were given permission to make submissions concerning costs, management fees and tax gross-up. Issues about costs,...

07 August

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Whiplash and Soft Tissue Injuries leads to $1.9 million court award

Posted by khauer

in Damges, pain and suffering, Soft tissue, wage loss, whiplash

In the recent case of Johnstone v. Rogic, 2018 BCSC 988, the plaintiff, Julie Lily Johnstone (“Ms. Johnstone”) asked for money compensation for whiplash and soft tissue injuries she received in a car accident. The accident that occurred on November 18, 2013. She was 38 years old at the time of the accident and had not suffered injuries from any motor vehicle collisions prior to that date. This was her first time suffering from whiplash and soft tissue injuries. Liability for the accident was admitted by the defendant. Ms. Jonestone was a Quality Assurance Manager at Jacobs Engineering, a company for...