LAW 31
June 14–20, 2011 Business in Vancouver
Trouble LAWSUIT OF THE WEEK
Golfer sues over back-nine skewer Delta resident David Charles Campbell is seeking damages against a local golf club and several farm investors after a flagpole impaled his hand. According to a April 14 B.C. Supreme Court notice of civil claim, Campbell’s right hand was impaled and lacerated by the tenth hole flag pole on Northview Golf & Country Club Ltd.’s Canal Course on April 24, 2009. Northview has been named a defendant in the case, in addition to Donald George Stewart, Marilyn Joan Stewart, Wendy Dawn Chanasyk, Suzanne Joan Dahl and Nancy Colleen Pollon, all of whom are described in the suit as farm investors who live in Surrey. The notice of claim does not detail how the flagpole impaled Campbell’s hand. Still, Campbell has alleged the flagpole was on land the defendants owned or were occupiers of, and as a result they are responsible under the Occupiers Liability Act. Campbell further alleges the defendants were negligent in the installation, inspection and maintenance of the flagpole. He is seeking damages against the defendants pursuant to the Health Care Costs Recovery Act. A response to the claim had not been filed by press time.
General (Royal Canadian Mounted Police) and J. Doe and J. Roe and members of The Royal Canadian Mounted Police and Her Majesty the Queen in the right of the Province of B.C. as represented by the Ministry of Transportation and Infrastructure 118 Bridge Rd., West Vancouver and 3rd f loor, 1001 Douglas St., Victoria and 5B–940 Blanshard St., Victoria Plaintiffs: Telus Corp. and Gregory Peskett 1800–401 W. Georgia St., Vancouver Claim: A declaration the plaintiffs are entitled to indemnity and/or contribution from the defendants with respect to the settlement funds paid to Holly Jean Poupore in an action arising from a collision; a declaration that the liability be apportioned amongst the parties responsible; judgment for any amount that may be found due from the defendants; and judgment for the plaintiff ’s costs in the Poupore action. Defendants: Antonio Russo and Jackie Russo and Nazzareno Russo and Chris Truckle and Monique Truckle and Circadian Project Management Ltd. and 652604 B.C. Ltd. and C.T. Pioneer Construction Ltd. and Cross Roads Excavating Ltd. Addresses unknown and 901–1788 W. Broadway, Vancouver and address unknown and 111 Wallace St., Nanaimo Plaintiffs: Cape Construction (2001) Ltd. and Cape Development Corp. 500–5811 Cooney Rd., Richmond Claim: A declaration again Tony and
Nazzareno Russo, Truckle and C.T. Pioneer for liability to account for the fund arising from fraudulently authorized payments for subcontracted services; a declaration the plaintiffs are entitled to a tracing; and damages; a declaration they are liable to account for all portions of the fund paid to them or for their benefit; payment for those portions of the fund; a declaration that the lands are subject to a lien; and orders. Defendants: GDI Software Services Canada Inc. and IG Systems International Ltd. and Nordex Software Services Inc. and Joseph Lacascia and Ariel Dvorkin and Ronald Kadarishko and Sally Cramer and Pedro Nunes and Siong Heng Chan and Carlos Wong and Peter Smith-Gibbons and Scott Abraham and Les Sanderson and Blackbelt Media and Craig Levitt and Joshua Ofer Baazov and Egan Engel 1300–1500 W. Georgia St., Vancouver and 6844 195A St., Surrey and 1077 W. Cordova St., Vancouver and 2501–1077 W. Cordova St., Vancouver and 1456 W. 53rd Ave., Vancouver and 18–6465 184A St., Surrey and 14682 59A Ave., Surrey and addresses unknown and 101–7075 Robert-Joncas Place, Saint Laurent, QC Plaintiffs: Secured Opportunities Fund, LLC and Future Visions, Inc. and Visionary Investments Limited Partnership and SOF Management, LLC 1300–777 Dunsmuir St., Vancouver Claim: Judgment for debt owned under the loan and security documents arising from breach of contract; judgment for possession and sale of the collateral in accordance with the loan and security documents; orders; and damages against Blackbelt, Levitt, Baazov and Engel for
unlawful interference with contractual relations. Defendants: Maicon Construction (1996) Ltd. and G & G Holdings Ltd. formerly G & G Fire Protection Ltd. and G & G Fire Protection and Keldon Electric & Data Ltd. and John Doe #1 and John Does #2-3 301–1665 Ellis St., Kelowna and 22–4520 Gallaghers Lookout, Kelowna and 101– 1461 St. Paul St., Kelowna and address unknown Plaintiff: Owners, Strata Plan KAS 2676 2400–200 Granville St., Vancouver Claim: Damages for breach of contract and negligence arising from the construction of the premises sold to the plaintiffs. Defendants: Future Vehicle Technologies Inc. and EIG America, Inc. and Manzanita Micro, LLC and Car Design Co. and Car Manufacturer Co. and Car Supplier Co. and Battery Supplier Co. and Battery Distributor Co. and Battery Retailer Co. and Charger Supplier Co. and Charger Distributor Co. and Charger Retailer Co. 7929 120th St. Delta and 190–2105 S Bascom Ave., Campbell, CA and 26519 Bond Rd., Kingston, WA and addresses unknown Plaintiff: Kenmar Auto Services Ltd. dba Haney Automotive 22334 McIntosh Ave Claim: Damages for negligence causing a prototype hybrid concept car to catch fire when it was being tested on a dynamometer machine. Defendants: West Coast Railway Association operating as Westcoast Railway Heritage Park and The District of Squamish and Her Majesty the Queen in Right of the Province of British Columbia as represented by The Ministry of the Attorney General and Hit Entertainment Ltd. aka Hit Entertainment Inc. 39645 Government Rd., Squamish and 37955 Second Ave., Squamish and address unavailable and Maple House, 149 Tottenham Court Rd., London, UK Plaintiff: Taryn Pickering 1668 Golf Club Dr., Delta Claim: Damages for injuries sustained when the plaintiff’s right hand and fingers were crushed by a train. Defendants: William Anderson and Edward Trueman and Thomas L. Wiss 202B–4059 200 St., Langley and 107–477 Peace Portal Dr., Blaine, WA Plaintiffs: Sole Gear Design Inc. and Toby Reid 3000–1055 W. Georgia St., Vancouver and 756 E. 5th St., North Vancouver Claim: Judgment against Trueman and Anderson for breach of contract, breach of fiduciary duty, unjust enrichment, unlawful interference with contractual and economic
relations and defamation arising from the theft of the plaintiff’s confidential information for use in a competing business; orders; judgment against Wiss for unlawful interference with contractual and economic relations and defamation; and damages against all; injunctions; and a declaration Sole Gear owns the name “Solegear Bioplastics Inc.” Defendants: Jardine Lloyd Thompson Canada Inc. and Steve Hicks and AXA Pacific Insurance Co. and certain underwriters at Lloyd’s as arranged by Lloyd and Partners Ltd. 350–4396 West Saanich Rd., Victoria Plaintiffs: Coles Marine Diesel Repairs Ltd. and Hill’s Machine Shop Ltd. and Fleetwood Forest Products Ltd. 524 Marine Dr., Gibsons, B.C. Claim: Insurance indemnity from AXA and Lloyds arising from a fire that destroyed a property; a declaration that Jardine and Hicks failed to increase insurance limits as instructed and failed to recommend review of a wholly inadequate contents limit; a declaration that upon replacement of the building, Coles and Hill’s are entitled to indemnity for the cost of its replacement to the extent it exceeds actual cash value; and damages.
601–815 Hornby St., Vancouver Claim: Damages for injuries sustained when the plaintiff sliced her finger on a piece of ragged metal on a double door. Defendants: Multiform Harvest Inc. and Adam Ranjit Sumel aka Adam Ranjit Singh Sumel and Dr. Keith E. Bowers and Matthew Wilson 3109 S. Frontenac St., Seattle and 4266 W. 8th Ave., Vancouver and 501–3811 Hastings St., Burnaby Plaintiff: Ostara Nutrient Recovery Technologies Inc. 300–1168 Hamilton St., Vancouver Claim: Damages for misuse of trade secrets, misappropriation of confidential information, conspiracy, intentional interference with economic interests related to a confidentiality agreement signed during acquisition discussions regarding a technology that recovers phosphorous from animal waste; an injunction; an order; an accounting; damages against Bowers; orders; damages against Wilson; orders; damages against Sumel; orders; and damages aginst Multiform. Defendants: Dr. Shenin Mohamed and Dr. Shenin Mohamed Podiatric Corp. 1873 Marine Dr., West Vancouver Plaintiff: Lourdes Capuno
490-789 W. Pender St., Vancouver Claim: Damages for medical negligence and breach of contractual duty arising from failed surgeries on the plaintiff’s feet, which resulted in injuries; and health-care costs. Defendant: Nelson Tin 828–8155 Park Rd., Richmond Plaintiff: Coastal Contacts Inc. 2900–595 Burrard St., Vancouver Claim: An injunction restraining Tin from using or disclosing Coastal’s confidential information, soliciting customers or procuring any business from a customer related to breach of an employment agreement; disgorgement of any profits or other benefits acquired or received by Tin; and damages. Defendants: Ivanhoe Cambridge I Inc. and Loblaw Companies Ltd. and Loblaws Inc. and The Real Canadian Superstore 2200–1055 W. Hastings St., Vancouver and 1200–200 Burrard St., Vancouver Plaintiff: Kushla Krishna 6232 S.E. Marine Dr., Burnaby Claim: Damages for injuries sustained when the plaintiff slipped on liquid soap or an unknown substance at the Superstore in Metrotown Shopping Centre; and health-care costs. •
Defendants: The City of Merritt and ThompsonNicola Regional District and VSA Highway Maintenance Ltd. and Her Majesty the Queen in Right of the Province of British Columbia Box 189, 2185 Voght St., Merritt and 300–465 Victoria St., Kamloops and 4th floor, 3201 30th Ave., Vernon and 815 Hornby St., Vancouver Plaintiff: Gaetano Dino Mario Dinicolo 163 W. Kings Rd., North Vancouver Claim: Damages for injuries sustained during a collision on a snow-covered roadway. Defendant: Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation and Infrastructure Address unavailable Plaintiff: Artis King Edward Property Ltd. Box 48600, 1200–200 Burrard St., Vancouver Claim: Compensation and disturbance damages arising from a land purchase agreement as part of building an overpass on King Edward Street; and reasonable costs, expenses and losses directly attributable to the disturbance caused to Artis by the transfer, dedication and licensing or use of the affected areas. Defendant: Cedar Community Association 2388 Cedar Rd., Nanaimo Plaintiff: Lillian Glass
River Green on the Green Golf Tournament
Buy Your Helicopter Ball Drop Raffle Tickets! June 23, 2011 Ball that lands closest to the pin
WINS 2 WESTJET TICKETS! Venue: Time: Tickets:
Chances are 1 in 1 500 to win.
QGolf Club 6:30 pm $10 each BC Gaming Event License #34355
Problem Gambling Help Line 1-888-795-6111 www.bcresponsiblegambling.ca
Richmond Hospital Foundation 7000 Westminster Hwy, Richmond BC, V6X 1A2 604.244.5252 www.richmondhospitalfoundation.com