Law 21
August 30–September 5, 2011 Business in Vancouver
Trouble
Lawsuit of the week
Cat’s death sparks legal fracas A legal wrangle between a Vancouver man and several veterinarians over the death of a beloved cat has landed in B.C. Supreme Court. According to a July 4 B.C. Supreme Court notice of civil claim, Vancouver resident Robert Anderson has alleged that Island Veterinary Hospital Ltd., Central Victoria Veterinary Hospital Ltd. and veterinarians Patricia Rosenstein, Suzanne Smith, Lana Bisset, Sally Moore, John McCleary and Blair Gurney are at fault for the death of a 10-year-old long-hair cat named Min Min. According to the suit, Robertson, who claims to be Min Min’s owner and a client of Island Veterinary Hospital, brought the cat to the veterinarians on June 28, 2009, after Min Min became sick. The veterinarians initially diagnosed Min Min’s condition as “antifreeze poisoning,” according to the suit, and Robertson asked them to “do what it takes” to cure Min Min. Later that night, the cat was transferred to Central Victoria Veterinary Hospital for further treatment. Robertson alleges the cat then failed to receive the proper medical attention. On June 30, Robertson made arrangements to transport Min Min to another hospital where, allegedly, the cat was found to have a number of health conditions and died shortly after surgery on July 2. Robertson is seeking damages for anguish and mental distress, loss of companionship and for the actual value of Min Min. He is also seeking special damages for veterinary costs, alleging that the hospitals and veterinarians were negligent in their treatment and diagnosis of Min Min. According to a notice of response filed July 29, the veterinarians have denied Robertson’s claims. The veterinarians allege that Robertson instructed them not to try any “heroics” to save Min Min prior to the cat’s death. On top of that, the defendants allege that Robertson wasn’t even Min Min’s owner and therefore is not entitled to recover damages for the cat’s death.
Ventures Ltd. and Mark Jerome Koch and Edward Ditner 9830 110 Ave., Fort St. John and 740 Wallace Cres., Comox and Site 12, Comp 191, SS 2, Fort St. John Plaintiff: Paccar Financial Services Ltd. Box 49314, 2600–595 Burrard St., Vancouver Claim: $62,643 for debt under a vehicle lease agreement; and damages. Defendant: Corinne Zajac 907–990 Beach Ave., Vancouver Plaintiff: Doug Kerr Contracting Inc. dba Kerr Construction 1220–1200 W. 73rd Ave., Vancouver Claim: $51,490 for related to renovation work; and a builder’s lien for $51,490. Defendants: Deltalok Inc. and Beon Top Enterprises Ltd. and 542072 B.C. Ltd. and Hun Su Kim 1010–1030 W. Georgia St., Vancouver and 1472 Camridge Rd., West Vancouver Plaintiff: Business Development Bank of Canada Box 6, 200–505 Burrard St., Vancouver Claim: $46,494 for debt; enforcement of Kim’s guarantee; and enforcement of 542072’s guarantee. Defendants: Dhillon & Pumpco Enterprises Inc. and Tawinder Dhillon and Jagdeep Singh Dhaliwal
1885 E. 36th Ave., Vancouver and 2055 E. 37th Ave., Vancouver and 3270 Sparrow Dr., Abbotsford Plaintiff: WRW Concrete Construction Inc. 1500–1055 W. Georgia St., Vancouver Claim: US$41,261 for debt for the purchase of a 1999 Mack truck with a mounted concrete pump; a declaration Pumpco’s conveyance of the truck was fraudulent and is void; and an order. Defendants: Allan Morris Kyle and Kylenet Holdings Ltd. 300–1681 Chestnut St., Vancouver and 201_2083 W. 33 rd Ave., Vancouver Plaintiff: Kenneth King Fai Ho 3280 E. 19th St., Vancouver Claim: $35,000 for debt. Defendants: Genie Flooring Ltd. previously known as Steam Genie Ventures Ltd. and Christian H. Schumacher aka Christian Schumacher and HyoJung J. Cho aka Hyo Jung Cho Box 41117, 2529 Shaughnessy St., Port Coquitlam and 1804 Jacana Ave., Port Coquitlam Plaintiff: Business Development Bank of Canada Box 6, 505 Burrard St., Vancouver Claim: $32,820 for debt; and all necessary accounts, directions and
inquiries. Defendant: Samira Amini 2505 Westhill Dr., West Vancouver Plaintiff: The Capitol Residences Ltd. Partnership 833 Seymour St., Vancouver Claim: Specific performance of the purchase agreement for a property, arising from non-completion of the agreement after repeated time extensions, or, a declaration that Amini has not complied with the terms of the agreement; forfeiture of deposits paid; and damages. Defendants: Mackenzie Thomas Robinson and Black Stripe Enterprises Ltd. dba Library Square Public House and ABC Co. 202–1339 Graveley St., Vancouver and 1300–777 Dunsmuir St., Vancouver and address unknown Plaintiff: Maria Del Coral Rodriquez Zaldivar 1907–1408 Strathmore Mews, Vancouver Claim: Damages for injuries sustained after a bottle at Library Square Public House hit the plaintiff. Defendant: Rosenau Transport Ltd. 1002 Wharf St., Victoria Plaintiffs: Unified Valve Ltd. and Levoir Investments Ltd. 1000–840 Howe St., Vancouver Claim: Damages for losses caused when hazardous substances, which were stored on the premises in breach of the lease agreement, caught fire. Defendants: Hemmera Envirochem Inc. and 0763974 B.C. Ltd. 3–2025 Bowen Rd., Nanaimo and 205–2922 Glen Dr., Coquitlam Plaintiffs: 494743 B.C. Ltd. dba Flame Engineering & Construction and Satpal Kaur 400–900 Howe St., Vancouver Claim: Damages for Hemmera’s breach of contract for environmental monitoring of the Kaur Lands, and for 0763974’s negligence in building a trench that caused water to flow onto the Kaur Lands. Defendant: South Coast British Columbia Transportation Authority aka TransLink 1600–4720 Kingsway, Burnaby Plaintiff: Glenn Senft 911 Montroyal Blvd., North Vancouver Claim: Damages for injuries sustained when Senft hit his head on a door passageway into the Seabus that was lower than the standard height and neither marked nor padded. Defendants: Sylvia Chan
and Alice Lee and Sablok & Sablok and Akash Sablok 624 Slocan St., Vancouver and 6470 Gladstone St., Vancouver and 6180 Fraser St., Vancouver Plaintiff: Reliable Mortgages Investment Corp. 300–1681 Chestnut St., Vancouver Claim: Damages for fraud and/or conversion against Chan and Lee for a forged power of attorney used to obtain an unenforceable mortgage; an order against Lee; damages for negligence and/or for negligent misstatement against Sablok & Sablok and Akash Sablok. Defendants: TJX Canada dba Winners and Riokim Holdings (Strawberry Hill) Inc. 1700–666 Burrard St., Vancouver and 1100–505 Burrard St., Vancouver and 12010 72nd Ave., Surrey Plaintiff: Deborah Therrien 1100–1133 W. Broadway, Vancouver Claim: Damages for injuries sustained when Therrien slipped and fell on bubble bath fluid on the floor. Defendants: Whistler Mountain Resort Ltd. Partnership and Gravity Logic Inc. 2500–700 W. Georgia St., Vancouver and 1800–1095 W. Pender St., Vancouver Plaintiff: Blake Jamieson 2020–650 W. Georgia St., Vancouver Claim: Damages for injuries suffered from a fall off a mountain bike at the A-Line Rock Drop; an in-trust award for Jamieson’s family and friends; loss of income earning capacity; and future care. Defendants: Lion Petroleum Corp. and Minaz Devji 800–885 W. Georgia St., Vancouver and 385 Inglewood Pl., West Vancouver Plaintiff: Eran Friedlander 670–999 Canada Place, Vancouver Claim: An order against Lion, arising from breach of the finder’s fee agreement, or, an order against Devji, or, an order against Lion or Devji, or, damages. Defendant: Terminal Forest Products Ltd. 2800–666 Burrard St., Vancouver Plaintiff: Black Mount Logging Inc. Box 500, 1367 Winnipeg St., Squamish Claim: Damages for breach of a purchase agreement for a forest licence. Defendants: Bjoern Zubel aka Bjorn Zubel and EP-CM Project Management GMBH and EP-CM Project Management Canada Ltd.
6742 Auburn Dr., Huntington Beach, CA and 500–2200 Cambie St., Vancouver Plaintiff: EP-CM Project Management USA LLC and Frederick Paul Kallina III 7301 Mirage Dr., Huntington Beach, CA Claim: Recognition and enforcement of a judgment related to a shareholder dispute. Defendants: Jaspal Sidhu and Harpreet Sidhu and The Royal Bank of Canada and Tri-City Kitchen Cabinets Ltd. and Inc. No. 0700141 and 413927 B.C. Ltd. and Inc. No. 0412927 5736 120th St., Surrey and 33rd floor, 1055 W. Georgia and 7750 128th St., Surrey and 16586 84A Ave., Surrey and 959 Stewart Ave., Coquitlam Plaintiffs: Julian Lanci and Michael Dacunha 406–2088 Madison Ave., Burnaby and 15578 110th Ave., Surrey Claim: A declaration the plaintiffs hold a 54% stake in the property; an order; a declaration for an ownership in the Como Lake property; an order; an injunction; orders; and damages. Defendants: Peter Adam and Dean Norman Burke dba Eagle Eye Towing and Gold Key Sales and Lease Ltd. and Payless Auto Towing Ltd. and BCAA Insurance Corp. 619 Queens Rd. E., North Vancouver and Box 2422 Garibaldi Highlands, Squamish and Box 10424, 1300–777 Dunsmuir St., Vancouver and 619 Queens Rd. E., North Vancouver and 4567 Canada Way, Burnaby Plaintiff: Karen Ruby
Kernaghan 700–375 Water St., Vancouver Claim: Damages for injury sustained after the plaintiff tripped over a tow cable. Defendants: Jaspreet Singh Sohi and Four Season Trucking Ltd. and Manjit Kaur Dhanda 13222 98th Ave., Surrey and 11533 92nd Ave., North Delta and 5668 Manitoba St., Vancouver Plaintiffs: Huu Quoc Tieu and Xuan Van Ngo 166/13D Pham Phu Thu St., Ward 4, District 6, Ho Chi Minh City, Vietnam Claim: Damages for a motor vehicle accident that resulted in a death. Defendant: Cathay Pacific Airways Ltd. 1200–200 Burrard St., Box 48600, Vancouver Plaintiff: Ahmet M. Kadioglu 1751 Berkley Rd., North Vancouver Claim: Brought under the class proceedings act: a declaration the charged “YR Tax” for the plane ticket contravenes the Business Practices and Consumer Protection Act; an injunction; an order; recovery of the unjust enrichment; and punitive damages. Defendant: Dr. Kurt Samer Inc. 320–702 Fort St., Victoria Plaintiff: Murray Robert Judson, by his litigation guardian, Robert Judson 2020–650 W. Georgia St., Vancouver Claim: Damages for injuries sustained following anesthetic care. •
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