Mayores v. Prentice Date:, 2014 BCPC 122

Citation: Mayores v. Prentice Date: 20140429 2014 BCPC 0401 File No: 12-40078 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA (Small Claims) BETWEEN: ANNABEL MAYORES CLAIMANT AND: CHRISTOPHER PRENTICE, CANADIAN ROAD MANAGEMENT COMPANY AND WESTERN KEY HOLDINGS LTD. DEFENDANTS REASONS FOR JUDGMENT OF HIS WORSHIP BRIAN WALLACE Counsel for the Claimant: S. Clarkson

Counsel for the Defendants: K. Yee Place of Hearing: Vancouver , B.C. Date of Hearing: April 9, 2014 Date of Judgment: April 29, 2014 [ 1 ] On May 16, 2011, the Claimant, Ms. Mayores, and the Defendant, Mr. Prentice, were in a motor vehicle accident at the intersection in south Vancouver where South West Marine Drive, Granville Street and Milton Street meet. Ms. Mayores had been driving northwest on South West Marine Drive and was completing a left turn to drive southwest and then south on Milton Street. Mr.

Prentice was facing northeast on Milton Street waiting to turn left in order to proceed north on Granville Street. [ 2 ] The Claim is against Mr. Prentice as the driver. However, the Claim does not disclose the relationship of the other two Defendants to the Claim nor does it assert any basis for their liability.

The Claims against Canadian Road Management Company and Western Key Holdings are dismissed. [ 3 ] The Claimant seeks damages of $3,099.77, being $540.65 for the insurance deductible she paid to repair her vehicle, $2,011 in increased insurance premiums for 2012 and 2013 and for the first three months of 2014, and $540.12 in fees and disbursements to bring this claim. She says, Mr. Prentice is at fault in this collision because his car backed into hers as they were passing each other. [ 4 ] The Defendants take no position on the damages and costs claimed by Ms. Mayores. [ 5 ] The damage to Mr.

Prentice’s vehicle was superficial and he says a friend simply buffed out the marks using cut polish. He denies the Claim, saying that his car was stationary and in the correct lane at the time of the collision, and was sideswiped by Ms. Mayores’ vehicle. Mr. Prentice says he had no reason to back-up, and following the accident he drove north on Granville Street as he had planned. [ 6 ] Only Ms. Mayores and Mr. Prentice gave oral evidence. Ms. Mayores and two of her three passengers provided written statements. Mr. Prentice also provide a written statement. His daughter was with him, but was described by Ms.

Mayores as “a little girl” and did not provide a statement. [ 7 ] Ms. Mayores, in her written statement and orally, says that following the accident and after they had exchanged information, she saw Mr. Prentice’s vehicle in front of Greenhawk, an equestrian shop on W 75 th Ave. Her two passengers corroborate this in their written statements. The shop was behind Mr. Prentice at the time of the accident. Ms. Mayores says this is important, because it is consistent with Mr. Prentice backing-up in order to turn around. [ 8 ] Mr.

Prentice says that he had been at Greenhawk prior to the accident but denies both that he returned there and that he was backing-up to turn around to do so at the time of the accident. [ 9 ] I prefer Ms. Mayores evidence that she saw Mr. Prentice at Greenhawk to his denial. She had no reason to know that he had been doing business there when she identified the business by name and location in her July 23, 2011 statement. [ 10 ] Having found that Mr. Prentice returned to Greenhawk, I conclude that the most likely explanation for the accident is that while waiting to turn left, Mr.

Prentice decided to return to the store, and in backing-up in order to turn his vehicle around, hit Ms. Mayores’ vehicle. I find that Mr. Prentice is 100% at fault for the accident. [ 11 ] Ms. Mayores has provided a reasonable accounting for the damages and costs she seeks, and the remaining Defendant, Mr. Prentice takes no position. The Claim against Mr. Prentice is allowed in the amount of $3,099.77, including the costs related to bringing the claim. ____________________ Brian J. Wallace, Q.C. Adjudicator