Law 25
September 6–12, 2011 Business in Vancouver
Trouble
Lawsuit of the week
Lawsuit launched after bus hits New Westminster home A bus that allegedly rolled backward and crashed into a New Westminster home is at the heart of a lawsuit launched July 13 in B.C. Supreme Court. Homeowner Nathan Lam is suing Coast Mountain Bus Company Ltd. and unidentified driver John Doe for damages suffered as a result of the alleged July 2009 crash. According to the statement of claim, a Coast Mountain bus was headed northbound on 1st Avenue between Agnes and Cunningham streets in New Westminster when it began rolling backward and crashed into Lam’s home. The claim alleges that Doe then “wrongfully and without lawful excuse” entered Lam’s home. The suit argues negligence on the part of Doe and Coast Mountain, and trespass on the part of Doe. It claims that, as a result, Lam has suffered losses and expenses for: emergency repairs to his home; loss of rental income; and repairs and remediation of the home. Lam is seeking damages and special damages. None of these allegations has been proven in court. At press time, no statement of defence had been filed.
10–1073 Lynn Valley Rd., North Vancouver Plaintiff: Kappa Innovations Ltd. 852 Seymour St., Vancouver Claim: $14,860 for debt related to construction work; and a builders lien for $14,860. Defendants: Us & Them Renovations Inc. and Abbas Kashani 202–1405 Hunter St., North Vancouver and 3302 Henry St., Port Moody Plaintiff: 4361814 Canada Inc. dba Dick’s Lumber 2580 Gilmore Ave., Burnaby Claim: $10,515 for building materials; and a builders lien for $10,515. Defendants: Pacific National Exhibition and John Does #1-2 2901 E. Hastings St., Vancouver and addresses unavailable Plaintiff: Heather Campbell 2020–650 W. Georgia St., Vancouver Claim: Damages for injuries Campbell sustained during an altercation at a beer garden; and an in-trust award for services provided by friends and/ or family. Defendants: The Attorney General of Canada and Her Majesty the Queen in right of the Province of British Columbia and The Attorney General of British Columbia and The Minister of Public Safety and Solicitor General of British Columbia and Pete Monds and Glen Fishhook and Sebastien Pilote 900–840 Howe St., Vancouver and Box 9044 Stn Prov Govt, Victoria and 14453 57th Ave., Surrey Plaintiff: Vladimir Peh 7071–149A St., Surrey Claim: Damages for injuries sustained when, during a candidateselection process for the Emergency Response Team, Peh was told to
climb a 50-foot platform on a communications tower and, attached to a rappel rope, fall backwards into the path of a metal beam. Defendants: Penelope Toni Wright and Ocean Towers Ltd. 801–1835 Morton Ave., Vancouver Plaintiff: Michael Bruce Cook Davies 112 Glen Ave., Banff, AB Claim: A declaration that Wright’s leasehold interest in a property and her shares in Ocean are held in trust for the plaintiff, arising from unjust enrichment following the end of a nonspousal relationship; and a declaration that Ocean holds the property in trust for the plaintiff. Defendants: Stephanie Aaslie and Stig Aaslie 140 Sargent St., Quesnel Plaintiffs: Fernando Casses and Dr. Fernando Casses Inc. 545 Front St., Quesnel and 1700–1075 W. Georgia St., Vancouver Claim: Damages for defamation in a CBC interview; and an injunction. Defendants: David Sean Biddle and John Does #1-5 and 636608 B.C. Ltd. and ABC Cos. #1-2 2881 W. 3rd Ave. and addresses unavailable and 700–686 W. Broadway, Vancouver and addresses unavailable Plaintiff: Michael Douglas John Keating 18th floor, 777 Dunsmuir St., Vancouver Claim: Damages for injuries sustained when the plaintiff was struck in the face in front of the bar at the Biltmore. Defendants: Optima Batteries Inc. and Johnson Controls L.P. and Johnson Controls U.L.C. and Mopac Auto Supply Ltd. and Canadian Tire Corporation, Ltd.
dba Motomaster Canada and ABC Co. Ltd. 5757 N. Green Bay Ave., Milwaukee, WI and 1300– 1969 Upper Water St., Halifax, NS and 2300–550 Burrard t., Vancouver and 210–4603 Kingsway, Burnaby and Box 1117, 1500–1055 W. Georgia St., Vancouver and address unavailable Plaintiffs: Andrew M. Ibbetson and Kathleen A. Ibbetson 22–4660 52nd St., Delta Claim: Damages for losses sustained when a battery charger and/or battery caused or contributed to a fire that started in a vehicle and spread to the Ibbetsons’ residence. Defendant: Grouse Mountain Resorts Ltd. 2700–700 W. Georgia St., Vancouver Plaintiff: Tony-Lynn Frederick 2525–1075 W. Georgia St., Vancouver Claim: Damages for injuries sustained when Frederick, while snowshoeing, fell from an unmarked section of the trail. Defendant: Ab-Tech Plumbing & Heating Ltd. 3–2445 E. Hastings St., Vancouver Plaintiff: The Owners, Strata Plan LMS 4255 1800–401 W. Georgia St., Vancouver Claim: Damages for losses sustained as the result of a flood caused by a faucet that blew off a wall.
the plaintiff’s business income. Defendants: ABC Co. Ltd. and Indian Grove Riding Stables and Shawn Stelkia and Aaron Stelkia and John Does #1-2 and Jane Doe #1 Addresses unavailable Plaintiff: Geraldine Denise McBride 203–960 W. 6th Ave., Vancouver Claim: Damages for breach of contract related to a horse-riding incident during which the plaintiff suffered injuries. Defendants: Begg Cousland and S.A.R.L. and Pierre Schumacher and David Schumacher 4 Rue Brooh, Clervaux, Luxembourg and addresses unavailable Plaintiff: Noram Engineering & Constructors Ltd. 1800–200 Granville St., Vancouver Claim: A declaration the Moroccan business agreement is terminated; a declaration there was no final profit within the meaning of the agreement and that no monies are due or owing; damages for misrepresentation; and damages for breach of contract. Defendants: Hua Yu Tang aka Jack Tang and Jianhua Qu aka Eva Qu
Defendants: Helen Matrie Jansen and John Henry Jansen and Helen Marie Jansen and John Henry Jansen dba Winfield Electric, District of Lake Country and British Columbia Safety Authority and John Does #1-5 and ABC Cos. #1-5 18450 Hereford Rd., Winfield, B.C. and 10150 Bottom Wood Lake Rd., Lake Country, B.C. and 200-505 6th St., New Westminster and addresses unavailable Plaintiff: SD-5 Ventures Ltd. 2400–200 Granville St., Vancouver Claim: Damages for a fire that was a result of improperly installed electrical wiring. Defendant: Paul Fox 4750 203rd St., Langley Plaintiff: A Better Life Dog Rescue Society 1835-136A St., Surrey Claim: An order that Fox surrender Jingles, a male pug cross, following the Society’s rejection of Fox’s application to adopt Jingles. Defendant: William Douglas Coulson Address unavailable Plaintiff: Yes! Management Ltd. 2644 Ware St., Box 424, Abbotsford Claim: Damages for a motor vehicle accident in which a Ferrari was written off, affecting
and Gateway Vision Ltd. 8811 No. 5 Rd., Richmond and 208–8660 Jones Rd., Richmond Plaintiff: Yuanbo International Study Services Ltd. and Hong Yu Zou 204 2/F Malaysia Bldg., Gloucester Rd., Wanchai, Hong Kong and 333 Yishan Rd., 22nd floor, Xuhui District, Shanghai Claim: Judgment against Tang and Qu for all amounts received in relation to the purchase agreement, consulting agreement, employment agreement related to a private school; punitive and aggravated damages; a declaration the agreements are void; a declaration Zou has never been a director or officer of Gateway; a constructive trust over the funds paid to Tang and Qu; an accounting; and a tracing. Defendants: Canadian Circuits Inc. and Parveen Arya and Praveen Arya and The Owners, Strata Plan LMS 933 10–13140 88th Ave., Surrey Plaintiff: Levelton Consultants Ltd. 700–401 W. Georgia St., Vancouver Claim: Recovery for the costs of performing environmental site investigations on lands; and damages under the Environmental
Management Act. Defendants: Air Canada and Jane Stewardess 2700–700 W. Georgia St., Vancouver and address unavailable Plaintiff: Alice Wong 7971 Wintergreen Ave., Richmond Claim: Damages for injuries sustained when a flight attendant dropped luggage, that was in a plane’s overhead compartment, onto the plaintiff’s head. Defendants: Target Land Surveying Ltd. and Target Land Surveying (NW) Ltd. 201–65 Richmond St., New Westminster Plaintiffs: Diana StoccoSerban and Ion Serban 1214 Edinburgh St., New Westminster Claim: Damages for a faulty land survey. Defendant: SGI Canada Insurance Services Ltd. aka SGI Canada 2260 11th Ave., Regina, SK Plaintiff: Gurbax Singh Gill 1100–1333 W. Broadway, Vancouver Claim: All medical rehabilitative and disability benefits owing, following a collision that resulted in injuries; an order, or damages for breach of contract; and damages. •
Jeff Robinson Wins Top Prizes in the Patent Agent Examinations
W
e are proud to announce that Jeffrey W. Robinson has been awarded both prizes for the Canadian Patent Agents’ examinations, namely the J. Edward Maybee Memorial Prize for highest overall standing and the Marie F. Morency Memorial Prize for the highest mark on the patent drafting examination. Jeff will receive the awards at the annual meeting of the Intellectual Property Institute of Canada in
September 2011. He is our firm’s fifth lawyer to receive the Maybee Prize. Jeff completed his Bachelor and Master degrees in Applied Science at Simon Fraser University. Parts of his graduate work in the area of wireless networking were published in peerreviewed IEEE publications. Jeff was called to the Bar of British Columbia in 2009 after clerking at the British Columbia Supreme Court. During his legal studies at the University of British Columbia Jeff received several awards, including the Raymond G. Herbert Award for the best all-round graduating student in his law class, and was selected as a UBC Wesbrook Scholar. Oyen Wiggs Green & Mutala LLP is Western Canada’s largest independent intellectual property law firm. Best Lawyers magazine identified Oyen Wiggs Green & Mutala LLP as the #1 firm in intellectual property law in Vancouver and the Province of British Columbia, and recognized nine of our lawyers as Best Lawyers in the field of intellectual property law in the 2011 edition of The Best Lawyers in Canada. Call us to consult Jeff or another member of our team.
480 – The Station, 601 West Cordova St Vancouver, BC, Canada V6B 1G1
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