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Search Results for “rule 37b

Formal Settlement Offers and Strict Compliance with Rule 37B

Reasons for judgement were released today considering whether strict compliance with Rule 37B is required for a Court to award a successful party Double Costs after beating a formal settlement offer at trial. In today’s case (Eigeard v. Muench) the Plaintiff sued for personal injuries.  Prior to trial the Plaintiff made a written settlement offer […]

More on Formal Settlement Offers – Relevance of Insurance and a Novel Use of Rule 37B

In my continued efforts to write about the development of Rule 37B (the rule that deals with costs consequences after a party beats a formal settlement offer at trial) two cases were released this week further interpreting this rule. The first case (Ostiguy v. Hui) the Plaintiff was injured in a 2003 BC car crash.  She ultimately […]

More on Rule 37B; Settlement Offers, Acceptance and the Discretion of the Court

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, addressing whether the BC Supreme Court has discretion to make costs awards after a formal settlement offer is accepted that specifically addresses costs consequences. In today’s case (Hambrook v. Sandhu) the Plaintiff was injured in a 2004 BC collision.  He sued […]

The Debate Goes On – Rule 37B and the Relevance of Insurance

Further to my numerous posts discussing the development of Rule 37B, reasons for judgement were released today demonstrating that this Rule’s application is still being shaped by the BC Supreme Court. The one factor that has yet to receive judicial agreement is whether the defendant being insured is a factor the Court can consider when […]

ICBC Injury Claims, Settlement Offers, Rule 37B, Sanderson Orders…

Where to begin… Important reasons for judgement (Burdett v. Mohamed) were released on Friday by the BC Supreme Court, Vancouver Registry addressing a host of topics in the context of BC personal injury litigation. By way of background the Plaintiff was a passenger in a 2002 motor vehicle accident.  She was riding in a vehicle […]

More on Rule 37B – The Conduct of the Parties as a Factor

Further to my numerous posts revieiwng BC Supreme Court cases interpreting and applying Rule 37B following an injury claims trial, reasons for judgement were released today dealing with a unique issue; in exercising discretion under the Rule can the Court consider the conduct of the successful litigant? In today’s case (Lakhani v. Elliott) the Plaintiff […]

More on Rule 37B – Lack of a "Reasonable Counter Proposal" Considered

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, considering a factor that I don’t believe has been previously considered under Rule 37B, the effect (or lack of) a reasonable counter offer. In today’s case (Foster v. Juhasz) the Plaintiff was injured in a BC car crash.  She sued for […]