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Rauch v. Hebekerl – Debt Collection

Decisions and Settlements

Daniel Draht acted as counsel for the Plaintiff, Connie Rauch in a matter against Florian Hebekerl.

Mr. Hebekerl had been ordered to pay the Plaintiff $35,000.00 following a trial of Ms. Rauch’s claim against him.  Unfortunately, Mr. Hebekerl did not pay the judgment despite the court order.

Mr. Draht proceeded to set a payment hearing followed by a default hearing in the matter.  Following a default hearing, the Honourable Judge R. Hewson ordered a term of imprisonment for Mr. Hebekerl due to his failure to make payments on the judgment. Judge Hewson noted that in nearly 10 years as a judge he had never had to order a jail term for failure to pay a debt in small claims court.

Within months of his release from prison, Mr. Hebekerl paid the judgment amount in full with interest.

August 12, 2022
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Morgan v. Spallumcheen (Township of), 2022 BCSC 752 Awarded $360,000

Decisions and Settlements

Chris Hart acted as lead counsel for the Plaintiff, Brent Morgan, in a trial against the Township of Spallumcheen (“Spallumcheen”) for compensation arising from Spallumcheen’s without-notice tax sale of his property. Mr. Morgan claimed that he should be awarded damages equal to the fair market value of the property as of the date of trial, while Spallumcheen argued that Mr. Morgan should be awarded damages equal to the fair market value of the property as of the date of his property’s conveyance after the tax sale, where the difference in the contested figures was $190,000.00. The Supreme Court agreed with Mr. Morgan’s arguments, and awarded him approximately $360,000.00, which represented the fair market value of the property as of the date of trial.

July 17, 2022
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png 0 0 Tara Holowach https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png Tara Holowach2022-07-17 14:30:412022-10-26 14:24:57Morgan v. Spallumcheen (Township of), 2022 BCSC 752 Awarded $360,000

Tyler v. Sowinski, 2022 BCSC 878 Awarded $222,800

Decisions and Settlements

Chris Hart acted as lead counsel for the Plaintiff, Kevin Tyler, in a trial against ICBC, which admitted liability on behalf of Ms. Sowinski. The Supreme Court largely accepted Mr. Tyler’s arguments, awarding Mr. Tyler $85,000 in non-pecuniary damages, $60,000 in past income loss, $72,800 in future loss of earning capacity, and $5,000 in cost of future care for a total of $222,800 (ICBC had argued for non-pecuniary damages in the range of $30,000 to $50,000; $5,943.90 for past income loss; and argued that Mr. Tyler should not receive any compensation for loss of future earning capacity or costs of future care).

May 26, 2022
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png 0 0 Tara Holowach https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png Tara Holowach2022-05-26 14:40:322022-10-28 10:43:36Tyler v. Sowinski, 2022 BCSC 878 Awarded $222,800

Jackson v. Lindsay

Decisions and Settlements

2022 BCSC 793

Over $1,300,000 awarded at trial to plaintiff injured in horrific dirt biking accident: Mr. Jackson sustained significant injuries when riding his dirt bike on a private road, near his parents’ rural property. The occupier of the property had strung a metal chain across the road, with no signage or indication that it was present. Mr. Jackson did not see the chain, and collided with it at speed. The collision with the chain resulted in both arms being broken, a shattered pelvis, a cracked eye socket, a concussion, and nerve damage to his right leg. Mr. Jackson was in hospital for over 2 months both locally and in Vancouver after numerous surgeries and a lengthy rehab stay.

Mr. Jackson was only 26 years old when the accident happened, was in very good health and working as a journeyman crane operator. At the time of trial he was 30 years of age and still working in his profession but his employment opportunities have been greatly reduced due his injuries. The court found that he was stoic by nature and has carried on with his life and responsibilities through sheer grit, perseverance, stubbornness and necessity.

After granting default judgment early on in the trial after an application by plaintiff counsel, for failure of the defendant to comply with court orders and failure to make discovery of documents, the trial proceeded only for assessment of damages, which were awarded at $1,353,616.88 including $800,000 for loss of future earning capacity. The trial was conducted by James Cotter.

May 13, 2022
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png 0 0 Tara Holowach https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png Tara Holowach2022-05-13 13:27:022022-06-29 16:24:21Jackson v. Lindsay

Louie v. Canada (Indigenous Services), 2021 FC 650

Decisions and Settlements

Chris Hart acted as lead counsel for the Respondent, Jenelle Brewer, in an appeal brought by John Louie to the Federal Court in which Mr. Louie argued that the Minister of Indigenous Services erred when rejecting Mr. Louie’s application to invalidate a will made by his deceased brother, Jimmie Louie. The Federal Court dismissed Mr. Louie’s appeal.

January 3, 2022
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Twin Anchors Manufacturing (2004) Ltd. v. Lux, 2020 BCSC 1077

Decisions and Settlements

Chris Hart acted as lead counsel for the application Respondent, Twin Anchors Manufacturing (2004) Ltd. (“Twin Anchors”), in an application brought by Mr. Lux, seeking to have security funds returned to him due to delays in the progress of the litigation. The Supreme Court agreed with Twin Anchors’ arguments and dismissed Mr. Lux’s application.

January 16, 2021
https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png 0 0 Tara Holowach https://www.nixonwenger.com/wp-content/uploads/2020/10/Nixon-Wenger-Logo-2.png Tara Holowach2021-01-16 14:27:432022-07-28 14:28:53Twin Anchors Manufacturing (2004) Ltd. v. Lux, 2020 BCSC 1077

Van Sprang v. Tweed

Decisions and Settlements, Personal Injury

Multiple Vehicle Accident Caused by 90 Year Old Driver: Mr. Van Sprang is a man in his 30’s with a young family and was a key person in his dad’s business which was a heating and cooling service company.  Mr. Van Sprang’s father had plans to hand over the business to his son when he reached his retirement age.  The work was physical and also required ingenuity and problem solving skills.  Mr. Van Sprang was the “muscle” of the company, doing the heavier tasks and the more physical tasks such as working within tight crawl spaces and attics.  Unfortunately, Mr. Van Sprang was involved in an accident whereby the defendant Mr. Tweed, failed to yield as he entered onto the Trans-Canada Highway at an intersection.  His actions forced a commercial truck driver to move over in his lane which in turn caused Mr. Van Sprang’s vehicle to spin out of control and end up on its roof at the shoulder of the road.  Mr. Van Sprang suffered soft tissue injuries which limited his ability to be as productive as he used to be, and also limited his ability to continue on in his role with the company.  ICBC denied liability for this accident, even though it seemed obvious that the actions of Mr. Tweed set in motion this serious accident.  This matter went to trial for eight days.  During that time ICBC strenuously argued that Mr. Van Sprang was at fault for the accident as he must have been driving too fast for the road conditions, and that it had nothing to do with the Defendant failing to yield.

The trial judge rejected this theory, and instead found that Mr. Tweed was indeed at fault for the accident.  The trial judge awarded close to $270,000.00 to Mr. Van Sprang.  This award reasonably assessed his damages for pain and suffering and loss of earning capacity.  It also vastly exceeded any attempts by ICBC to resolve the matter.  The trial was conducted by James Cotter and Allyson Edwards.

PDF: Van_Sprang_v._Tweed_-_Reasons_for_Judgement.PDF

January 15, 2021
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Kalashnikoff v. Halat – Russian Immigrant Injured in Head on Collision

Decisions and Settlements, Personal Injury

This was a claim that involved a man in his 60’s who spoke little English and had worked at manual jobs all his life.  Mr. Kalashnikoff was referred to James by his brother who was also a client.  Mr. Kalashnikoff was involved in a head-on collision with the defendant.  It appeared that the defendant had strayed across the yellow line and into Mr. Kalashnikoff’s lane of travel when the accident happened.  Unfortunately, ICBC denied liability even though the facts seemed to point clearly to the defendant being at fault.  Mr. Kalashnikoff was not able to express how this accident had really impacted his life due to his limited English.  James was able to bring out his story through his two adult daughters as to the change the accident had brought about in him, and how he was not the same man he used to be.  ICBC offered very little to try and resolve this matter as they did not view this claim to be significant at all.  James was able to bring this matter successfully to trial and obtain an award of $130,000.00.  This was far greater than what ICBC was prepared to settle the matter for.  This decision illustrated how our court system can be used to help accident victims who are immigrants and may feel that they do not understand our system of laws and even fully understand our language.  James was pleased to be able to help such a vulnerable person in our society.

PDF: Kalashnikoff_v._Halat.pdf

April 9, 2020
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Aarts-Chinyanta v. Binkey/Hayer/Stewart et al

Decisions and Settlements, Personal Injury

Three Motor Vehicle Accidents Contribute to Chronic Pain: Susan A-C was referred to Nixon Wenger by a friend.  James represented her initially for an accident that occurred in 2012.  While representing her, Susan was unfortunately involved in two other accidents, none of which were her fault.  Susan suffered chronic soft tissue injuries which affected her ability to move and function without pain and to suffer from intense migraines.  ICBC defended the claim of Susan for all three accidents.  They defended a claim in part on the basis that Susan’s claim of pain, migraines and disability far exceeded the injuries she could have suffered in any of these accidents, as none of the accidents were of such a nature as to cause such injury.  In other words, ICBC was saying that the accidents were of such a minimal nature that no one could be so disabled from any of the accidents.  Susan was unable to return to her job as a Walmart employee.  She had difficulty maintaining her home as she did prior to the accidents, and had a difficult time cooking and looking after her children.  James Cotter and Ryan Irving took this matter to a two-week trial in October of 2019.  They retained the foremost chronic pain specialist in British Columbia to assess Susan and to provide expert opinion evidence.  In addition, an occupational therapist was retained, an economist, and a doctor of physical and medicine rehabilitation.  ICBC retained its own experts.  This was a hotly contested trial with many arguments relating to evidentiary issues and expert evidence issues.  However, at the end of the day the trial judge agreed with our position that the culmination of these accidents resulted in significant disability for Susan.  She was awarded over $700,000.00 in damages.  This was a far greater sum than ICBC had ever offered her in the seven years since her first accident in 2012.  Susan was very pleased with the outcome and felt that it justly reflected her loss.

March 17, 2020
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T-bone collision results in a judgment of $420,000.00

Decisions and Settlements, Personal Injury

Mike Yawney, QC, along with Associate, Allison Jaquish, were retained by a 30-year old single mother after she suffered significant injuries in a T-bone collision in the North Okanagan. The woman suffered a broken clavicle and soft-tissue injuries to her neck, back, and bruising to both knees. Her injuries made it extremely difficult for her to return to work, but she continued to do so in order to support her young family. Medical experts concluded the young woman would continue to suffer from chronic pain going forward and would require ongoing rehabilitation. The court ruled in her favour and awarded damages of $420,000.00.

PDF Judge Weatherill, re Staff v. Moore, 03-02.pdf

March 2, 2020
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