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The application to adjourn was dismissed because the defendants’ request was untimely, the prejudice to the plaintiff from delay (financial hardship, loss of income, reliance on prepared experts and readiness to proceed) outweighed the defendants’ preference for a jury, and the court concluded a fair trial can be held by a judge alone despite the FIFA scheduling notice.
Source excerpt
Trial judgment awarding damages after a motor vehicle collision caused a wrist fracture, chronic pain, and aggravated PTSD. Liability was admitted.
The court awarded Mr. Sandhu damages for chronic soft tissue injuries and depression, but found the accident did not cause his cognitive impairment.
The court found the plaintiff was not a reliable historian, rejected most plaintiff experts on causation, accepted only ongoing pain symptoms, and awarded $182,930.80.
The court found the 2016 rear-end collisions caused soft tissue injuries, aggravated headaches, and caused major depressive disorder, generalized anxiety disorder and somatic symptom disorder.
The court held the plaintiff was entitled to BC Part 7 benefits, but not Ontario SABS income replacement or a deductible $1 million catastrophic amount.
The court found the plaintiff suffered accident-related injuries, including an MTBI, and awarded damages for pain, earning-capacity loss, special damages, and future care.
Summary trial on liability in a multi-vehicle collision case was dismissed because contributory negligence and apportionment issues required a conventional trial.
The court removed three related personal injury actions from Fast Track under Rule 15-1, finding the defendants showed likely complexity and prejudice.
The court assessed damages for the plaintiff’s injuries from admitted motor vehicle collisions, including MTBI-related symptoms, future earning loss, care costs, and housekeeping loss.
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