Provincial Court of British Columbia (Canada)

[1] Hamilton, C.C.J. : At the commencement of this trial a voir dire was held to determine whether evidence of the alcohol content of the accused's blood should be admitted or excluded as evidence in the trial. This is the decision on that voir dire.

[1] Robinson, C.C.J. : The defendant applies for orders against the plaintiff, by way of accounting for items seized by the sheriff on behalf of the plaintiff on or about August 3rd, 1989, and an order that the plaintiff pay damages alleged to be suffered as a result of an illegal seizure and an improvident sale of the defendant's chattels. These matters will be dealt with by a trial procedure or,

[1] Houghton, C.C.J. [in Chambers]: This is an application pursuant to Rule 18A for a declaration that the plaintiff is entitled to certain benefits pursuant to Part VII of the Regulations of the Insurance (Motor Vehicle) Act.

[1] Lamperson, C.C.J. : Audrey Wagner, who was nearly 9 years old at the time, sues the defendants for damages she suffered in an accident which occurred on July 21, 1988 on the Pritchard bridge. It is a wooden bridge which spans the Thompson River in a north/south direction in a rural area some distance east of Kamloops. It is difficult to describe and the best impression can be formed by...

[1] Robinson, C.C.J. : The landlord has issued as of April 26th, 1990 a show-cause summons directed to the tenant seeking possession of certain lands and premises in the province of British Columbia and Kamloops Assessment District described briefly as Lot 5, Sec.14, Tp.18, Rge.14, W.6M., K.D.Y.D., Plan 2233. A number of criminal allegations are made against the tenant by the landlord.

[1] Houghton, C.C.J. : This was heard in the County Court pursuant to the direction of the Chief Justice.

[1] Houghton, C.C.J. : The plaintiff is a truck driver and on June 28th, 1986 was running his 1978 Freightliner truck on long-distance hauling with a trailer. The plaintiff's truck broke down near Cache Creek and he took it to the defendant's garage in Cache Creek where Mr. Pitman, the owner/operator of the garage checked the truck over and on taking off the cylinder head found the #3 valve head...

[1] Robinson, C.C.J. : The plaintiff suffered a whiplash injury, following a motor vehicle accident, in which the vehicle he was operating was struck from behind by the defendant's vehicle. Liability is not in issue.

[1] Houghton, L.J.S.C. [in Chambers]: This application was brought on as a special case pursuant to Rule 33 of the Supreme Court Rules for an order

[1] Robinson, C.C.J. : The adequacy or otherwise of the severance pay given to the plaintiff by the defendant is the issue in this 18A application.

[1] Robinson, L.J.S.C. : This is an application for summary judgment arising from the termination of employment of the plaintiff by the defendant. The application was heard immediately following a similar action against the defendant by another employee who occupied a senior management position. In this instance the plaintiff at the time of termination was a store salesman. He was employed by the

[1] Houghton, C.C.J. [in Chambers]: This is an application pursuant to Rule 18A, both counsel agreeing that the matter should be dealt with by the court after hearing cross-examination of the parties on their affidavits.

[1] Lamperson, C.C.J. [in Chambers]: The defendants wish to strike out the plaintiff's jury notice on the grounds that:

[1] Houghton, C.C.J. : The plaintiff claims damages in lieu of notice on his wrongful dismissal from his employment as manager of the Chili Chapter Restaurant as of the 30th of April, 1988.

[1] Robinson, C.C.J. : At issue in this appeal is the accuracy of the breathalyzer readings fixed upon the appellant, at trial following his operation of a motor vehicle on December 24th, 1988. He was charged with impaired driving as the first count, and secondly, as to operating a motor vehicle while having a blood alcohol reading in excess of 80 milligrams of alcohol in 100 millilitres of blood,

[1] Robinson, C.C.J. : The appellant was convicted of having the care or control of a motor vehicle contrary to s. 237(b) of the Criminal Code of Canada. A summary of the evidence recited by counsel for the appellant is as follows:

[1] Lamperson, C.C.J. : The plaintiff judgment creditor seeks to haver the defendant committed to jail because the latter has failed to make payments on a judgment as ordered by this court. The plaintiff is justifiably frustrated because this is not the first time that the defendant has failed to comply with court orders.

[1] Houghton, C.C.J. : The plaintiff's claim is against the defendant Weigel for specific performance of an agreement for the sale of part of District Lot 3272, Kamloops Division Yale District in Blue River, British Columbia, and for damages. Or in the alternative, damages in lieu of specific performance; or in the alternative, damages for breach of contract.

[1] Robinson, C.C.J. : On May 18, 1989, I gave reasons for judgment in this landlord and tenant issue. Having found the petitioners successful to the extent of setting aside the notice of termination of tenancy directed toward them, I then directed that the premises in question be inspected during the last week of the tenancy with a view to determining whether there had been damage beyond...

[1] Houghton, C.C.J. : By agreement of counsel, only the issue of liability was before the court on this trial.

[1] Lamperson, C.C.J. : The issue in this trial is liability.

[1] Hamilton, C.C.J. : This is an appeal from an order of the Provincial Court made September 15, 1988 awarding permanent custody of the appellant, V.T.'s two children, D.A., born xxx, 1976 and R.A. born xxx, 1977, to the respondent pursuant to Section 14 of the Family and Child Services Act.