Law 23
July 19–25, 2011 Business in Vancouver
Trouble Lawsuit of the week
Wedding garland behind tumble, lawsuit A “hazardous” wedding garland and the people allegedly responsible for it are at the heart of a lawsuit launched by a Surrey insurance agent. Kulwinder Kaur Tatla filed suit in B.C. Supreme Court May 11 seeking damages and health-care costs after a wedding garland allegedly caused her to slip and fall at a wedding. Named as defendants are: GKN Enterprises (2004) Ltd., Mirage Banquet Hall Ltd., Moore Wedding Centre Ltd. and Satwinder Gakal. The suit alleges that the incident occurred August 8, 2010, when Tatla was an invited guest at a wedding reception. It states that at approximately 10:20 p.m., as Tatla was in the process of leaving the reception premises, her foot became entangled in a “decorative wedding garland” which was laying on the floor at the top of a staircase. The suit claims that she then slipped and fell down the stairs and sustained “serious harm and injuries” including: shoulder, neck, back, head, arm and leg injuries; headaches; sleep loss; chronic pain; loss of appetite; bruises; and physical disability. The claim states that at the time of the plaintiff’s fall and at all times material to the claim, “the wedding garland was loosely laying on the ground at the top of the stairs at one end and was tied to the banister of the railing descending down the stairs at the other end, creating a trap or hazard for pedestrians, including the plaintiff.” The suit argues that the defendants owed Tatla a duty of care and that they breached that duty. It also cites the Occupiers Liability Act and the Negligence Act. At press time, no statement of defence had been filed. None of these allegations have been proven in court.
Sze related to a ponzi scheme; a declaration the payments were fraudulent conveyances and are void; a declaration Rebecca Lowrey, David Lowrey and Evelyn Neufeld hold the payments as constructive trustees; accountings; and an order. Defendants: Wiltech Developments Inc. and Trisura Guarantee Insurance Co. 202–1433 St. Paul St., Kelowna and Box 48600, 1200 Waterfront Centre, 200 Burrard St., Vancouver Plaintiff: South Cariboo Ventures Ltd. 6993 Levick Rd., Lone Butte Claim: $249,981 for debt arising from a subcontract to crush and supply granular material from a pit; and damages. Defendants: Becker Galleries Inc. and D. Michele Becker 112 E. 42nd Ave., Vancouver and 5757 Dunbar St., Vancouver Plaintiff: Johnston Allen Properties Ltd. 1100–505 Burrard St., Vancouver Claim: $176,864 for outstanding rent due and owing; $58,719 for rent; $145,403 for a loan; and damages for breach of the sublease. Defendants: International Road Technologies Inc. and Graham Bradley Gilfillan 300–180 Seymour St., Kamloops and 26–1104 Quail Dr., Kamloops and 1A–1445 McGill Rd., Kamloops Plaintiff: Royal Bank of Canada 3rd floor, 650 W. 41st Ave., Vancouver Claim: $162,281 against International Road for debt; and $145,000 against Gilfillan as guarantor of the debt. Defendants: Jameson House Ventures Ltd. and Jameson House
Properties Ltd. and Jameson Development Corp. and Bosa Properties Inc. and Bosa Properties (J.H.) Inc. and Bosa Properties (J.H. Mgr) Inc. and Axiom Builders Inc. and James Holdings Ltd. and The Bowra Group Inc. and Trustee of the Estate of Advanced Glazing Systems Ltd., bankrupt 920–1055 W. Hastings St., Vancouver and 7–3349 Kingsway, Vancouver and 1800–4555 Kingsway St., Burnaby and 1802–4555 Kingsway St., Burnaby and 1930–1095 W. Pender St., Vancouver Plaintiff: Advanced Glazing Systems LLC 14580 Northeast 95th St., Redmond, WA Claim: $US137,950 for labour and material for installation of glazing works on Jameson House; and a builders lien for $US137,950. Defendants: Apollo Muffler Centres Ltd. and Upstream Investments Ltd. and Ernesto Lopez, administrator of the estate of Frederick Nicholas Chernoff, deceased, and Ray Chernoff 371 W. 2nd Ave., Vancouver and 1550–520 5th Ave., Vancouver Plaintiff: Watson Goepel Maledy 1700–1075 W. Georgia St., Vancouver Claim: $75,909 for debt for legal services; a declaration of a charge, pursuant to the Legal Profession Act, for $75,906 against the property the clients recovered or preserved as a result of the services the plaintiff provided in legal proceedings; and all necessary directions for the purpose of realizing and enforcing the charge. Defendants: Almaval Building Inc. and Jeffrey Karl Wiegel and 0772835 B.C. Ltd. 200–5611 Cooney Rd., Richmond and 102–225 Smithe St., Vancouver and 200–5611 Cooney Rd.,
Richmond Plaintiff: 0734148 B.C. Ltd. 3410 Lynmoor Pl., Vancouver Claim: $64,134 for a promissory note; and orders. Defendant: Kendall Kemp trading as Pinnacle Custom Wood Finishing 34546 York Ave., Abbotsford Plaintiff: The Bank of Nova Scotia 2900–550 Burrard St., Vancouver Claim: $63,639 for debt related to a line of credit. Defendant: William Houghton Address unavailable Plaintiff: Anson Industrial Manufacturing (1989) Corp. 7392 Progress Pl., Delta Claim: $61,189 for wrongful appropriation of money; and damages. Defendants: Christian Brule aka Joseph Brule and Chris Brule coba Stockprophet Investments and Stockprophet Investments Inc. 974 Montroyal Blvd., North Vancouver and 1507–1185 Quayside Dr., New Westminster Plaintiff: Jon Lever 2080–777 Hornby St., Vancouver Claim: $35,446 for debt related to outstanding loans; and damages. Defendant: Connex See Services Inc. 70 Valleywood Dr., Markham, ON Plaintiff: Pensionfund Realty Ltd. 1200–200 Burrard St., Vancouver Claim: $19,237 for debt related to a lease; and damages. Defendants: M. Jorjezian Investments Corp. and Martiross Jorjezian aka Martiross Sarvarian and Ardineh Sarvarian and Imor Capital Corp. and Envision Financial, a division of First West
Coast Credit Union, and Amarpaul Singh Dhaliwal and Ly Sok and Harji’s Fire Pl. Manufacturing Ltd. aka Marji’s Fireplace Mfg. Ltd. and Varoujan Basmadjian and YCO Corp. Investments Ltd. and Vancity Cabinets Ltd. 220–7565 King George Hwy., Surrey and 503–1311 Howe St., Vancouver and 2165 123 St., Surrey and 220–1040 W. Georgia St., Vancouver and 6470 201 St., Langley and 10325 150St., Surrey and 25th floor, 700 W. Georgia St., Vancouver and 12386 69A Ave., Surrey and 490–1177 W. Hastings St., Vancouver and 1900–1040 W. Georgia St., Vancouver and 205–8388 128 St., Surrey Plaintiff: Dulay Roofing Ltd. 12565 69A Ave., Surrey Claim: $3,225 for roofing; and a builders lien for $3,225. Defendants: Sam Ventures Ltd. and Anwer Lalani and Grace An 1300–999 W. Hastings St., Vancouver and 101– 1871 Marine Dr., West Vancouver and address unknown Plaintiffs: 658140 B.C. Ltd. and Dr. Karim Lalani 700–595 Burrard St., Vancouver Claim: A declaration that Anwer and Sam Ventures did not have the authority to sell the property, arising from a previous agreement for Lalani to purchase the property; and orders. Defendant: Ronald Herbert Mitchell dba Ron Mitchell Trucking Leasing (2004) Inc. 9430 204th St., Langley Plaintiff: Equirex Vehicle Leasing (2004) Inc. 1800–1095 W. Pender St., Vancouver Claim: Judgment for the amounts due under the lease agreement, arising from breach of contract. Defendants: Wendy Joan Harvey and Douglas Michael Edgar 102–5555 Yew St., Vancouver Plaintiff: The Owners, Strata Plan VR 390 5555 Yew St., Vancouver Claim: Damages arising from interference with remedial work, resulting in delays and extra expenses. Defendants: Intercity Equity Corp. dba Leaders Insurance Agencies and Rosa Pinto and Economical Mutual Insurance Co. 1200–805 W. Broadway, Vancouver and 1000–840 Howe St., Vancouver and 106–3003 St. Johns St., Port Moody Plaintiff: Diem Thi Kieu Tran dba Four Seasons Nails and Spa 3081 Clark Dr., Vancouver Claim: Judgment against Economical for breach of an insurance contract in connection with a fire; judgment against Leaders
and Pinto for failing to exercise the care that a reasonable insurance broker would exercise in selling or brokering a policy of insurance for the plaintiff, or, judgment against Leaders and Pinto for breach of contract.
by aiding, abetting, assisting, encouraging or authorizing the wrongful conduct of the hackers, have infringed Nexon’s copyright in the MapleStory Program; and/ or injunctions; and/or an order; and/or damages.
Defendant: The Owners, Strata Plan LMS1751 688 Fairchild Rd., Vancouver Plaintiff: Bo Suen Leung Fung A111–688 Fairchild Rd., Vancouver Claim: Injunctive relief requiring that the corporation restore the original lock for the unit, arising from The Owners entering Fung’s unit and changing the locks; and/or, damages or compensation.
Defendants: Coby Electronics Corp. and London Drugs Ltd. 301–1991 Marcus Ave., Lake Success, NY and 3000–1055 W. Georgia St., Vancouver Plaintiff: Douglas Fisher and Michelle Fisher 18252 69 Ave., Surrey Claim: Damages for a portable DVD player that caught on fire and caused damage.
Defendants: The Owners, Strata Plan BCS 2196 and Stratawest Management Ltd. 2355 Madison Ave., Burnaby and 202–224 West Esplanade, North Vancouver Plaintiff: Rosalind Chang 307–6330 Fraser St., Vancouver Claim: Damages for injuries sustained when the plaintiff opened a door leading to the parking lot on the property and her left big toe got caught under a low security panel at the bottom of the door; and health-care costs. Defendants: Francisco Dias dba Frantech Solutions and the said Frantech Solutions and John Doe and Jane Roe and other persons unknown who have conspired with the named defendants Addresses unavailable Plaintiff: Nexon Korea Corp. 1200–200 Burrard St., Vancouver Claim: A declaration that copyright subsists in the MapleStory Program and that the copyright is valid and owned by Nexon, arising from hackers infringing Nexon’s copyright in the program; a declaration that the hackers have infringed Nexon’s copyright in the MapleStory Program; a declaration that the defendants,
Defendant: Labatt Brewing Co. Ltd. 1200–200 Burrard St., Vancouver Plaintiff: Jody Trainer 2020–650 W. Georgia St., Vancouver Claim: Damages for lacerations to the left eye that were the result of a beer bottle that exploded. Defendants: Island Veterinary Hospital Ltd. and Central Victoria Veterinary Hospital Ltd. and Patricia Rosenstein and Suzanne Smith and Lana Bissett and Sally Moore and John McCleary and Blair Gurney 2010–1055 W. Georgia St., Vancouver and 800–1070 Douglas St., Victoria and 760 Roderick St., Victoria Plaintiff: Robert Anderson 700–595 Burrard St., Vancouver Claim: Damages for negligence related to an operation performed on a cat that resulted in death. Defendant: Pakit Inc. 1300–777 Dunsmuir St., Vancouver Plaintiff: Craig Barton and Fairfax Financial Holdings Ltd. 2600–595 Burrard St., Vancouver Claim: A declaration the security interests granted under the debentures are interests charged against the property related to debentures in default; and a declaration the security interests are charged against the property. •
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