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Erik MagrakenThis Blog is authored by British Columbia ICBC injury claims lawyer Erik Magraken. Erik is a partner with the British Columbia personal injury law-firm MacIsaac & Company. He restricts his practice exclusively to plaintiff-only personal injury claims with a particular emphasis on ICBC injury claims involving orthopaedic injuries and complex soft tissue injuries. Please visit often for the latest developments in matters concerning BC personal injury claims and ICBC claims

Erik Magraken does not work for and is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC). Please note that this blog is for information only and is not claim-specific legal advice.  Erik can only provide legal advice to clients. Please click here to arrange a free consultation.

Posts Tagged ‘Tisalona v. Easton’

“It is Unusual For a Trial Judge to Award Costs to an Unsuccessful Plaintiff”

July 21st, 2017

Interesting reasons for judgement were released today by the BC Court of Appeal upholding a trial judges award of costs in favour of a plaintiff who had their lawsuit dismissed.

In today’s case (Tisalona v. Easton) the Plaintiff sued for damages as a result of injuries sustained in two collisions.  The Plaintiff was awarded damages for the first crash though less than what she requested and also less than the Defendant’s pre trial offer to settle.  The claim for damages from the second collision was dismissed.  Despite this the Court awarded the Plaintiff costs for both actions which were tried together.  In upholding this result the BC Court of Appeal provided the following reasons:

[75]         In the case of the 2011 action, the only issue at trial was whether the 2011 Accident had aggravated or prolonged the effects of the 2008 Accident. The trial judge concluded that it had not, but that it had been reasonable to deal with the two accidents together.

[76]         The trial judge went on to estimate that approximately one hour of trial time was devoted to evidence concerning the second accident.  None of the expert reports had addressed the 2011 Accident to any extent.

[77]         It is unusual for a trial judge to award costs to an unsuccessful plaintiff. Here the principal considerations were the de minimus nature of the additional time required to deal with the 2011 action at trial and the trial judge’s conclusion that it had been reasonable to join this claim with the more substantial action in relation to the 2008 Accident.

[78]         In my view these considerations are not arbitrary, but rather were connected to the case before the trial judge. They fall within the broad discretion afforded to trial judges following the elimination of the qualification “for good cause” from our rules. Accordingly, I would not give effect to this ground of appeal.