Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Last year BC’s Attorney General introduced court rule changes creating a hard cap on how many experts individuals could present when prosecuting an injury claim in BC Supreme Court. It was designed to save ICBC money at the expense of people seeking a fair trial. The rule changes were swiftly struck down as being unconstitutional. […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were published today by the BC Supreme Court, Vernon Registry, confirming that an order for double costs does not also mean a party is entitled to double disbursements. In today’s case (Lafond v. Mandair) the Plaintiff was injured in a collision and sued for damages. Prior to trial the Plaintiff made a […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, depriving a Defendant of double costs that they otherwise would have been awarded where their formal settlement offers failed to include separate costs and disbursements. In today’s case (Lanz v. Silver Lady Limousine Services Ltd.) the Plaintiff was involved in two separate […]
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Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, ordering a Defendant to disclose the cost of their medico-legal reports where they were contesting the reasonableness of the Plaintiff’s disbursements. In the recent case (Sturdy v. Dhadda) the Plaintiff was injured in a collision and sued for damages. The claim was […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, highlighting the judicial flexibility and potential financial risks that come into play when a formal offer of settlement is not beat at trial. In today’s case (Park v. Targonski) the Plaintiff was injured in a collision and sued for damages. Prior to […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Helpful reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, awarding a Plaintiff full costs and disbursements despite a split of liability. In today’s case (Ekman v. Cook) the Plaintiff suffered serious injuries in a collision for which fault was disputed. Liability and quantum were severed and at the liability trial […]
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Important reasons for judgement were released today by the BC Court of Appeal (MacKenzie v. Rogalasky) addressing an unsettled area of law, whether interest charges on disbursements incurred during the prosecution of an injury lawsuit could be recovered. In short BC’s highest court ruled they cannot. In reaching this conclusion the Court provided the following […]
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Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, upholding a finding that expert reports from a treating physiotherapist were an unnecessary luxury in a personal injury prosecution. In today’s case (Salsman v. Planes) a variety of disbursements were at issue following the settlement of a personal injury claim. One of […]
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Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing the reasonableness of multiple physician reports ordered in the course of a personal injury prosecution. In this week’s case (Zhang v. Heikkila) the Plaintiff was injured in a motor vehicle incident. In the course of her lawsuit she obtained multiple […]
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Update November 17, 2014 – in Reasons released today the BC Court of Appeal overruled the below decisions and found interest on disbursements cannot be recovered. —————————– Prosecuting an injury claim to trial often involves thousands if not tens of thousands of dollars in disbursement expenses. If a litigant is victorious can they claim interest on […]