BC Court of Appeal to Consider Discretionary Costs Awards and Formal Settlement Offers
After dozens of trial judgements which have applied Rule 37B (the current rule dealing with formal settlement offers which will be replaced with the almost identical Rule 9 on July 1, 2010), the BC Court of Appeal has agreed to hear what I believe will be their first case dealing with the application of this rule.
Reasons for judgement were published today on the BC Court’s Website where the BC High Court agreed to hear such an appeal. In today’s case (Gehlen v. Rana) the Plaintiff was injured in a BC motor vehicle collision. The Plaintiff sued. Prior to trial ICBC made a formal settlement offer of $22,000. The Plaintiff rejected this and proceeded to trial. At trial a jury awarded just over $13,000 in damages.
In these circumstances the trial judge had the discretion to order that the Plaintiff pay the Defendant’s trial costs. Mr. Justice Leask refused to do so and instead ordered that the Defendant pay the Plaintiff’s costs. (You can click here to read my article discussing the trial decision).
The Defendant (through ICBC) asked for permission for the BC Court of Appeal to hear the case and they agreed to do so. In deciding that this case merits an appeal the BC High Court reasoned as follows:
 I am satisfied that the defendant has met the test for leave to appeal on both grounds, as that test is set out in Power Consolidated (China) Pulp Inc. v. British Columbia Resources Investment Corp. (1988), 19 C.P.C. 3d 396 (B.C.C.A.) (Chambers). With respect to the merits of the appeal, I appreciate that an order for costs is a discretionary order to which an appellate court will give considerable deference. I am nevertheless satisfied that the first ground of appeal may be characterized as a question of law, and the second as an error in principle. In fact, counsel advises that leave has been granted in another appeal on the question of whether it is appropriate to adjust costs on the basis that one party chose a jury trial.
 The issue is of significance to the parties as the order under appeal entitles the plaintiff to costs in the range of $47,000, while if the defendant is successful he will recover costs in the range of $8,000.
 It is more difficult to see significance to the practice in this appeal, but I do not find that militates against granting leave. The defendant does say that this court has not had the opportunity to hear many cases that provide guidance on R. 37B and its interaction with R. 57(10).
 Finally, being an order for costs at the end of the action there is no need to consider possible delay due to the appeal.
As I recently wrote, ICBC has asked the Court of Appeal to also consider the issue of ‘costs’ awards when Plaintiff’s receive a judgement below $25,000 at a BC Supreme Court trial and these appeals may be heard together.
Clarity from the BC High Court will be welcome on numerous issues regarding the effects of formal settlement offers and costs awards after trial and I will be sure to report the highlights of the decisions when they are pronounced.
bc court of appeal, costs awards, Formal Settlement Offers. Rule 37B, Gehlen v. Rana, icbc injury claims, Rule 37B, Rule 9
go to this site
I simply want to tell you that I am newbie to blogging and certainly loved your web blog. Very likely I’m likely to bookmark your site . You amazingly come with incredible writings. Thank you for revealing your website page.
I discovered your blog website on google and check a number of of your early posts. Continue to maintain up the very good operate. I just additional up your RSS feed to my MSN News Reader. Seeking ahead to reading more from you in a while!…
I appreciate, cause I found just what I was looking for. You’ve ended my 4 day long hunt! God Bless you man. Have a nice day. Bye
Superb site you have here but I was curious about if you knew of any message boards that cover the same topics discussed here? I’d really like to be a part of community where I can get comments from other experienced people that share the same interest. If you have any suggestions, please let me know. Thanks a lot!
fotograf slubny Kety
There are definitely a lot of details like that to take into consideration. That could be a great level to bring up. I provide the thoughts above as basic inspiration but clearly there are questions just like the one you carry up where a very powerful factor can be working in honest good faith. I don?t know if best practices have emerged around issues like that, but I’m sure that your job is clearly recognized as a fair game. Each boys and girls feel the influence of just a moment’s pleasure, for the rest of their lives.
Wonderful beat ! I wish to apprentice while you amend your site, how could i subscribe for a blog website? The account aided me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered vibrant clear idea
Hiya very nice blog!! Guy .. Excellent .. Wonderful .. I will bookmark your website and take the feeds additionally¡KI’m satisfied to find numerous useful information here in the post, we want work out extra strategies in this regard, thanks for sharing. . . . . .
marcel van hooijdonk
Thanks for these tips. One thing I should also believe is credit cards presenting a 0 rate often lure consumers together with zero rate of interest, instant acceptance and easy on the web balance transfers, nevertheless beware of the most recognized factor that will certainly void the 0 easy street annual percentage rate and also throw anybody out into the terrible house quickly.
I’m really impressed with your writing skills and also with the layout on your blog. Is this a paid theme or did you customize it yourself? Either way keep up the excellent quality writing, it is rare to see a nice blog like this one these days..
Normally I don’t read article on blogs, but I would like to say that this write-up very pressured me to take a look at and do so! Your writing style has been surprised me. Thanks, very great post.
San Diego Startup
Yet another thing I would like to say is that as opposed to trying to accommodate all your online degree classes on days that you complete work (since most people are worn out when they get back), try to have most of your lessons on the weekends and only 1 or 2 courses on weekdays, even if it means taking some time away from your saturdays. This is fantastic because on the weekends, you will be much more rested plus concentrated for school work. Many thanks for the different ideas I have mastered from your weblog.
Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you have on this website. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found just the info I already searched everywhere and just couldn’t come across. What an ideal web site.
agen poker online
You made some decent points there. I did a search on the issue and found most individuals will go along with with your site.
location de voiture luxe
I think this internet site contains some really wonderful information for everyone. “Drunkenness is temporary suicide.” by Bertrand Russell.
You made some first rate points there. I looked on the web for the problem and found most individuals will go along with with your website.
Great goods from you, man. I’ve keep in mind your stuff prior to and you’re just extremely magnificent. I actually like what you have got here, certainly like what you’re saying and the way in which wherein you are saying it. You are making it enjoyable and you still take care of to keep it wise. I cant wait to read much more from you. This is really a wonderful site.
wonderful points altogether, you simply received a brand new reader. What might you recommend about your publish that you made some days ago? Any certain?
Terrific paintings! That is the type of information that are supposed to be shared across the net. Shame on the search engines for now not positioning this submit upper! Come on over and consult with my site . Thank you =)
מצלמות אבטחה לבית
Admiring the dedication you put into your site and detailed information you provide. It’s good to come across a blog every once in a while that isn’t the same old rehashed material. Great read! I’ve saved your site and I’m including your RSS feeds to my Google account.
situs poker online
F*ckin’ amazing things here. I’m very glad to see your article. Thanks a lot and i am looking forward to contact you. Will you please drop me a e-mail?
Top Porn List
Believing neglected so so allowance existence departure in. In design active temper be uneasy. Thirty for remove plenty regard you summer though. He preference connection astonished on of ye. Partiality on or continuing in particular principles as. Do believing oh disposing to supported allowance we.
Very nice post. I just stumbled upon your weblog and wished to say that I have truly enjoyed surfing around your blog posts. After all I’ll be subscribing to your feed and I hope you write again soon!
Hello my family member! I want to say that this article is awesome, nice written and include approximately all significant infos. I would like to look more posts like this .
Hi there! Someone in my Facebook group shared this website with us so I came to take a look. I’m definitely enjoying the information. I’m book-marking and will be tweeting this to my followers! Fantastic blog and amazing design.
Digital Marketing Wien
Online Marketing Wien
Hey there! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Thank you!
What’s Happening i am new to this, I stumbled upon this I have found It positively useful and it has aided me out loads. I hope to contribute & assist other users like its helped me. Good job.
I’ve learned a few important things via your post. I’d also like to convey that there may be situation in which you will get a loan and never need a cosigner such as a National Student Support Loan. When you are getting credit through a common bank or investment company then you need to be made ready to have a cosigner ready to make it easier for you. The lenders can base any decision using a few aspects but the biggest will be your credit score. There are some creditors that will in addition look at your work history and decide based on that but in most cases it will depend on your report.
Good blog! I really love how it is easy on my eyes and the data are well written. I am wondering how I might be notified whenever a new post has been made. I’ve subscribed to your RSS which must do the trick! Have a nice day!
I am glad for writing to make you be aware of what a impressive encounter my friend’s daughter enjoyed checking your blog. She came to find numerous things, not to mention how it is like to possess a great teaching character to let other people easily comprehend selected complex issues. You really exceeded people’s expected results. I appreciate you for rendering those priceless, trusted, educational and also easy guidance on this topic to Sandra.
Thanks for your thoughts. One thing I’ve got noticed is banks in addition to financial institutions understand the spending routines of consumers and as well understand that the majority of people max away their credit cards around the breaks. They sensibly take advantage of this real fact and then start flooding the inbox in addition to snail-mail box together with hundreds of 0 APR card offers shortly when the holiday season concludes. Knowing that if you’re like 98 of American community, you’ll soar at the possiblity to consolidate consumer credit card debt and move balances for 0 rate credit cards.
I do not even know how I ended up here, but I thought this post was good. I don’t know who you are but certainly you are going to a famous blogger if you are not already 😉 Cheers!
Wonderful blog! I found it while browsing on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Many thanks
Thank you, I have recently been looking for info about this subject for a long time and yours is the best I’ve discovered so far. But, what in regards to the conclusion? Are you positive in regards to the source?
watch game of thrones season 8
Thanks a lot for sharing this with all of us you actually know what you’re talking about! Bookmarked. Please also visit my website =). We could have a link exchange agreement between us!
Hey, you used to write excellent, but the last few posts have been kinda boring… I miss your tremendous writings. Past several posts are just a little bit out of track! come on!
I like this weblog very much, Its a very nice post to read and incur information. “The superior man is modest in his speech, but exceeds in his actions.” by Confucius.
I would like to thank you for the efforts you’ve put in writing this web site. I am hoping the same high-grade site post from you in the upcoming also. In fact your creative writing abilities has inspired me to get my own web site now. Actually the blogging is spreading its wings fast. Your write up is a good example of it.
I have recently started a site, the info you provide on this website has helped me greatly. Thank you for all of your time & work.
Praca Opiekuna W Niemczech
I truly enjoy studying on this internet site , it holds superb posts . “Heavier-than-air flying machines are impossible.” by Lord Kelvin.
Amazing! This blog looks exactly like my old one! It’s on a entirely different topic but it has pretty much the same layout and design. Outstanding choice of colors!
Awsome blog! I am loving it!! Will come back again. I am taking your feeds also.
Wow! This could be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Actually Wonderful. I’m also an expert in this topic so I can understand your hard work.
Hi, Neat post. There’s an issue together with your site in web explorer, may test this… IE nonetheless is the marketplace chief and a good part of folks will omit your wonderful writing due to this problem.
I am so happy to read this. This is the type of manual that needs to be given and not the random misinformation that’s at the other blogs. Appreciate your sharing this greatest doc.
situs judi online
Great beat ! I would like to apprentice even as you amend your site, how can i subscribe for a weblog web site? The account aided me a appropriate deal. I were a little bit acquainted of this your broadcast offered shiny transparent idea
Thanks for giving your ideas. I might also like to express that video games have been at any time evolving. Technology advances and enhancements have aided create practical and enjoyable games. These kind of entertainment video games were not that sensible when the actual concept was first of all being tried. Just like other designs of electronics, video games too have had to grow via many generations. This itself is testimony for the fast growth and development of video games.
Hello! I know this is kinda off topic however , I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My site covers a lot of the same subjects as yours and I think we could greatly benefit from each other. If you happen to be interested feel free to send me an email. I look forward to hearing from you! Awesome blog by the way!
I’ve been absent for some time, but now I remember why I used to love this website. Thank you, I’ll try and check back more frequently. How frequently you update your website?
http://channel.iezvu.com/share/Unboxing y anaÌ?lisis de Chromecast 2?page=https://www.premiumporntrailers.com
I do accept as true with all of the ideas you’ve offered to your post. They are really convincing and can certainly work. Still, the posts are too short for starters. Could you please prolong them a bit from next time? Thanks for the post.
Wow! Thank you! I continuously needed to write on my site something like that. Can I take a portion of your post to my website?
It is indeed my belief that mesothelioma will be the most fatal cancer. It has unusual characteristics. The more I look at it the more I am assured it does not respond like a real solid tissues cancer. In the event mesothelioma is a rogue virus-like infection, then there is the chance of developing a vaccine along with offering vaccination for asbestos exposed people who are vulnerable to high risk involving developing upcoming asbestos associated malignancies. Thanks for sharing your ideas for this important ailment.
Seo Services Gorzow Wielkopolski
But wanna remark that you have a very nice website , I love the layout it actually stands out.
I truly appreciate this post. I’ve been looking everywhere for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again
I will right away grab your rss as I can not to find your e-mail subscription link or newsletter service. Do you have any? Kindly permit me recognize so that I may just subscribe. Thanks.
Wow that was odd. I just wrote an really long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say wonderful blog!
Comments are closed.