Johal v. Jawanda

2020 BCSC 1841 Johal v. Jawanda

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Johal v. Jawanda, 2020 BCSC 1841 Date: 20201126 Docket: M210610 Registry: New Westminster Between: Tanvir Johal Plaintiff And: Sandeep Jawanda, Amandeep Ghuman and Navinesh Pillay Defendants Before: The Honourable Madam Justice J. A. Power Reasons for Judgment Counsel for the Plaintiff: R. J. Chang Counsel for the Defendants Sandeep Jawanda and Amandeep Ghuman: R. D. Kirkham Counsel for the Defendant Navinesh Pillay: I. C. Hallam Place and Date Notice of Application Filed: New Westminster, B.C. September 18, 2020 Date Written Submissions Received: October 26, 2020 Place and Date of Judgment: New Westminster, B.C. November 26, 2020 [1] The plaintiff brings an application by written submissions for the following order: 1. The date of service for the Notice of Civil Claim filed January 29, 2019, be renewed for a period of one (1) year from the date of this Order. [2] The background to this matter is set out in the application as follows: 3. This litigation arises out of a motor vehicle accident which occurred on February 23, 2017, in Surrey, British Columbia, as a result of which the Plaintiff is asserting a claim for personal injury, loss and damage.

4. On February 23, 2017, at or near the intersection of 152nd Street and 64th Avenue, in Surrey, British Columbia, a motor vehicle owned and operated by Naninesh [sic] Pillay (the "Defendant Pillay") collided with a motor vehicle owned by Amandeep Ghuman (the "Defendant Ghuman") and being negligently driven by Sandeep Jawanda (the "Defendant Jawanda"), which then rear-ended a motor vehicle being driven by the Plaintiff.

5. On February 26, 2017, plaintiff retained Shawn Sidhu Law Corporation (the "Previous Counsel") for representation in this claim.

6. Previous counsel filed a Notice of Civil Claim on January 29, 2019 (the "NCC").

7. ICBC, the insurer for Defendants Ghuman and Jawanda, filed a Response to Civil Claim on June 6, 2019 and accepted service on their behalf.

8. On September 3, 2020, Diamond and Diamond Lawyers (the "Plaintiff's Counsel") filed a Notice of Change of Solicitor.

9. Defendant Pillay, insured under Certas Home and Auto Insurance, has not been served to date.

10. Plaintiff's Counsel has been in communication with Denise Purdy (the "Handling Adjuster") of Certas Home and Auto Insurance, who has acknowledged the accident and [the Plaintiff's] representation. [3] I am persuaded that allowing this application would not cause prejudice to the defendants. Specifically the defendant Pillay has an insurer with counsel that is aware of the accident and the plaintiff's position. [4] The order is granted. In so doing I note that this application may have been more properly submitted by way of a desk order. "J. A. Power, J." The Honourable Madam Justice J. A. Power