Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
(Note: The below case was upheld by the BC Court of Appeal. You can find the BCCA decision here.) As recently discussed, when advancing an ICBC Claim in Court one of the first choices to make is whether to sue in BC Supreme Court or Small Claims Court. When a Plaintiff successfully sues in […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, ICBC Back Injury (soft tissue) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, addressing the value of non-pecuniary damages (money for pain and suffering and loss of enjoyment of life) for a mild soft tissue injury. In this week’s case (Brar v. Kaur) the Plaintiff was involved in a 2006 rear end collision. […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Well the cases seem to be coming in at a good pace and hopefully Rule 37B will start seeing some consistency in its interpretation by the BC Supreme Court. Today another case was released by the BC Supreme Court applying and interpreting this rule. In this case the Plaintiff was involved in a motor […]
Written by admin on . Posted in Civil Procedure.
I have blogged many times about the relatively new BC Supreme Court Rule 37B (the rule dealing with formal settlement offers). You can search the archives of this blog to find my previous entries. Useful reasons were released today by the BC Supreme Court providing further clarity and development of this rule. The key […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Earlier this year the BC Court of Appeal provided much needed clarity to the factors Courts can consider when deciding whether a Plaintiff has sufficient reasons to sue in the Supreme Court when considering costs consequences following trial. Reasons for judgement were released today by the BC Court of Appeal further addressing this topic […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Welcome reasons for judgement were released today by the BC Court of Appeal addressing when a Plaintiff has ‘sufficient reason‘ for suing in the BC Supreme Court. In short the top BC Court ruled that trial judges can look beyond the value of a claim when addressing this topic. This issue is important because generally […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
If a Plaintiff sues in Supreme Court but is awarded damages of $25,000 or less (the current financial limit of the BC Small Claims Court) the Plaintiff is not entitled to Costs unless they had “sufficient reason” for suing in the BC Supreme Court. It is becoming reasonably well established that a Plaintiff has sufficient […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
I’ve written many times about the fact that the BC Supreme Court Rules give trial judges a discretion to award a successful plaintiff Court Costs even if the amount awarded falls in the Small Claims Court’s Jurisdiction. Two recent cases were released today by the BC Court of Appeal demonstrating that ICBC is interested in […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Settlement Law, Uncategorized.
Further to my previous posts on this topic, if a Plaintiff successfully sues in the BC Supreme Court but receives damages below $25,000 they may be deprived of their court ‘costs’ unless they had ‘sufficient reason’ for choosing the Supreme Court over small claims court. Two judgements were released this week by the BC Supreme […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my previous posts on this topic, reasons for judgement were released today considering whether to award a Plaintiff Supreme Court Costs in an ICBC Claim where the judgement amount was within the Small Claims Court’s jurisdiction. In today’s case (Mohamadi v. Tremblay) the Plaintiff was awarded $10,490 in his ICBC Claim after trial […]