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Plaintiff’s Claim Struck For Failure to Prove Liability of Unidentified Driver
On November 9, 2011, the Honourable Mr. Justice Williams of the British Columbia Supreme Court delivered his judgment in PAGUIO V. FRASER, 2011 BCSC 1519.
The trial was a result of an action filed by Cesar Paguio, to establish liability for the serious head injury he suffered in an auto accident on February 28, 2010. At the time of the accident, Mr. Paguio was driving his motor scooter in the right hand lane along Knight Street, in Richmond. He suddenly crossed into the left lane occupied by a Volkswagen, operated by Mr. Fraser, striking Fraser’s vehicle in the area of the right front wheel well and tire.
Damages Not Reduced Based on a Lack of Doctor Visits
The British Columbia Supreme Court recently held that the number of visits to a doctor’s office does not determine the value of the Plaintiff’s personal injury claim. In TARZWELL V. EWASHINA, the Plaintiff was injured in a motor vehicle collision in 2007 and suffered soft tissue injuries to the lower back and trapezius muscle. After she was injured, the Plaintiff decided not to burden the medical system with unnecessary visits to physicians who would give her little or no further advice other than what she had already received and followed.
Interest on Disbursements Reduced by Registrar
Given the often expensive nature of legal proceedings, the question of whether one party will be responsible to pay the costs incurred by the other party can become highly contentious.
In CHANDI V. ATWELL, 2011 BCSC 1498 (“CHANDI”) [Decision of Registrar: reasons for judgment released on November 4, 2011], District Registrar Cameron was faced with an assessment of the Plaintiff’s costs in a personal injury action that settled for $900,000, plus taxable costs and disbursements. One issue the Registrar had to consider was the recoverability of financing costs incurred by the Plaintiff on disbursements.
Defence Application to Transfer Action to Small Claims Court Denied
A common issue that arises in motor vehicle claims is whether to commence an action in BC Supreme Court or Provincial Court (also referred to as Small Claims Court). In this province, the BC Supreme Court has broader authority and discretion than the Provincial Court. Motor vehicle claims, however, can be heard by either level of court. Claims for damages in Provincial Court, however, are limited to $25,000. Persons who wish to commence an action should carefully consider the nature of their injuries and the respective amount of damages. Damages may include money for pain and suffering, loss of income, and possible future cost of care.
On September 21, 2011, the BC Supreme Court released the decision of KOONER V. SINGH. The plaintiff in this case was injured after he was struck by the defendant’s vehicle. The plaintiff commenced an action against the defendant in BC Supreme Court. The defendant, however, brought an application to transfer the case to Provincial Court. The BC Supreme Court dismissed the defendant’s application.
Cyclist Riding Through Crosswalk 15% at Fault For Accident
In DOBRE V. LANGLEY, 2011 BCSC 1315 (“DOBRE”), a decision released October 4, 2011, the Court considered how to apportion liability in a personal injury case where the Plaintiff was struck by the Defendant while riding his bike in a cross-walk. The DOBRE decision provides an example of how compliance with the “rules of the road” can directly affect who is liable for a particular accident, and to what extent.
Court of Appeal Reiterates Appropriate test For Causation
FARRANT V. LAKTIN, 2011 BCCA 336 (“FARRANT”), an August 2, 2011 judgment of Neilson J.A., underscores how causation is not an “either/or” proposition. The trial judge in FARRANT held that the Plaintiff’s pre-existing spinal degeneration was the cause of his ongoing pain, and that the whiplash he suffered in the accident at issue resolved within four months. These conclusions led the trial judge to award damages of $20,000; the Plaintiff appealed.