Amended date: August 7, 2024
Original filed on May 6, 2024
No. M21647
Nelson Registry
IN THE SUPREME COURT OF BRITISH COLUMBIA
Between:
AMANDA JMAYOFF
PLAINTIFF
And:
GEORGE J. TURNER and WILMA HUME TURNER
DEFENDANTS
AMENDED NOTICE OF APPLICATION
Name of Applicant: George J. Turner and Wilma Hume Turner (the “applicant”)
To: The Plaintiff, Amanda Jmayoff
TAKE NOTICE that an application will be made by the applicant to the presiding judge or associate judge at the courthouse at 320 Ward Street, in the City of Nelson, in the Province of British Columbia, on date to be set at 9:45 a.m. for the orders set out in Part 1 below:
Part 1: ORDER SOUGHT
- This action be dismissed for want of prosecution.
Part 2: FACTUAL BASIS
- This action arises out of injuries the Plaintiff alleges she sustained in a motor vehicle accident on February 21, 2019 (the “Accident”).
- The Plaintiff filed a Notice of Civil Claim on January 6, 2021 in which various injuries are alleged. Those injuries have allegedly resulted in past and future income loss, loss income of earning capacity, loss of past and future housekeeping capacity, and ongoing health care.
- The Defendants have denied liability for the Accident. A Response to Civil Claim was filed on their behalf on March 4, 2021.
- The Plaintiff and the Defendant, George J. Turner, were examined for discovery on July 20, 2021.
- A Notice of Intention to Withdraw as Lawyer was delivered by the Plaintiff’s former counsel on April 29, 2022.
- A Notice of Withdrawal of Lawyer was filed by the Plaintiff’s former counsel on May 11, 2022.
- The Defendants attempted to contact the Plaintiff by way of letter dated May 16, 2022, but did not receive a reply.
- No trial date has been scheduled.
- There has been no activity in this action since former Plaintiff’s counsel filed the Notice of Withdrawal of Lawyer on May 11, 2022.
TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to receive notice of the time and date of the hearing or to respond to the application, you must
(a) file an application response in Form 33 within 5 days after the date of service of this notice of application or, if the application is brought under Rule 9-7 of the Supreme Court Civil Rules, within 11 days after the date of service of this notice of application, and
(b) at least 2 days before the date set for the hearing of the application, serve on the applicant 2 copies, and on every other party one copy, of a filed copy of the application response and the other documents referred to in Rule 9-7(12) of the Supreme Court Civil Rules.
Filed by: Robert C. Brun, K.C.
Harris & Brun Law Corporation
#500, 555 West Georgia Street
Vancouver, BC V6B 1Z6
Phone: 604-608-2000
Email: rbrun@harrisbrun.com
