A Balanced Costs Award Following Jury Trial

In an illustration that not all trial ‘losses’ trigger catastrophic costs consequences, reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, ordering balanced costs consequences.
In this week’s case (Desharnais v. Parkhurst) the Plaintiff was involved in two vehicle collisions.   Prior to trial the Defendants provided two formal offers, the first at $50,000 the second at $75,000.  The Plaintiff, who was seeking in excess of $1 million rejected both offers and proeeded to trial.  Following a thirteen day jury trial the Plaintiff’s damages were ultimately assessed at $30,100.
Both parties had medical evidence to justify their respective positions, however, the Court noted, some of the opinions of the Plaintiff’s experts were “highly suspect”.
The Defendants sought substantial costs having bested their formal settlement offers. The Court noted a more appropriate result would be to award the Plaintiff costs up to the date of the second formal offer and to have the parties bear their own costs thereafter.  While such an order still has significant financial consequences for the Plaintiff it is far less sever than ordering payment of the Defendant’s costs. In reaching this decision Mr.Justice Saunders provided the following reasons:
[42]         On the whole, I do not consider either the First or the Second Offer as having reflected, objectively speaking, a genuine attempt at compromise. I find them to hae been more reflective of what the Applicants could reasonably have hoped to achieve if all or substantially all of the issues were resolved in their favour. I am not dissuaded from taking this view by the fact that the jury awarded even a lesser amount; I do not think it is unfair to counsel or to the jury for me to say that the jury’s decision was considerably less than what reasonably prudent counsel would have regarded as a “win” for the defence. I cannot find that either offer ought reasonably to have been accepted by the plaintiff.
[43]         As Goepel J. stated in Ward, that is the beginning, not the end of the analysis. The most basic principle underpinning the Rules relating to costs is that costs of a proceeding are to be awarded to the successful party (R. 14-1(9)). This expectation is intended to promote sensible conduct throughout court proceeding; it exists notwithstanding the broad judicial discretion to depart from the principle, which is generously built into the Rules.
[44]         In this case, the jury found that the plaintiff had successfully proven some damage. But for the offers to settle, he would be entitled to his costs. Having regard to the factors set out in Rule 9-1(6), including giving some weight to the plaintiff’s financial circumstances, I do not find that the offers were so substantial that the Applicants ought to be entitled to any indemnification against their own costs. The plaintiff’s position was not completely lacking in merit. It was not frivolous. However, the fact that the settlement offers exceeded the judgment amount cannot be ignored. The Applicants were forced to incur the expense of a trial which they were willing to avoid by paying the plaintiff a not insubstantial sum, a sum which ended up being considerably greater than the damages the plaintiff was judged to be entitled to. It would be unfair to require the Applicants to indemnify the plaintiff for the costs of advancing a claim that was ultimately judged to be greatly overvalued.
[45]         I find that the plaintiff is entitled to his costs up to the date of delivery of the Second Offer. The parties will bear their own costs thereafter.
 
 

bc injury law, Desharnais v. Parkhurst and Romaowski, Mr. Justice Saunders, Rule 9, Rule 9-1. Rule 9-1(5), Rule 9-1(5)(b)

Comments (51)

  • I just want to say I am very new to blogging and site-building and absolutely loved you’re website. Probably I’m want to bookmark your website . You surely have very good posts. With thanks for revealing your blog.

  • Wow! This can be one particular of the most useful blogs We have ever arrive across on this subject. Basically Excellent. I am also a specialist in this topic therefore I can understand your hard work.

  • I like what you guys are up too. Such intelligent work and reporting! Carry on the excellent works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my web site 🙂

  • Today, taking into consideration the fast way of life that everyone leads, credit cards have a big demand throughout the economy. Persons out of every area are using the credit card and people who are not using the credit card have made arrangements to apply for one. Thanks for spreading your ideas on credit cards.

  • Hey just wanted to give you a brief heads up and let you know a few of the images aren’t loading correctly. I’m not sure why but I think its a linking issue. I’ve tried it in two different browsers and both show the same results.

  • F*ckin’ tremendous issues here. I’m very satisfied to see your article. Thank you so much and i’m looking ahead to contact you. Will you please drop me a mail?

  • Thanks for any other informative web site. Where else could I get that type of info written in such a perfect manner? I’ve a challenge that I am simply now working on, and I’ve been on the glance out for such info.

  • Wow, marvelous blog format! How lengthy have you ever been blogging for? you make blogging look easy. The overall look of your website is excellent, let alone the content material!

  • I actually wanted to write down a simple word to be able to express gratitude to you for those nice tips and tricks you are giving on this site. My rather long internet look up has finally been recognized with pleasant facts and techniques to talk about with my visitors. I ‘d claim that many of us site visitors actually are unequivocally lucky to live in a decent site with so many marvellous people with good tactics. I feel rather blessed to have used your web site and look forward to really more thrilling moments reading here. Thanks once again for a lot of things.

  • I’m not sure where you’re getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for excellent information I was looking for this information for my mission.

  • When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove people from that service? Cheers!

  • Excellent blog! Do you have any tips for aspiring writers? I’m planning to start my own blog soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely overwhelmed .. Any tips? Thank you!

  • There are actually a lot of details like that to take into consideration. That is a nice level to deliver up. I offer the thoughts above as normal inspiration but clearly there are questions like the one you bring up the place the most important thing will be working in honest good faith. I don?t know if greatest practices have emerged around things like that, however I am positive that your job is clearly identified as a good game. Both girls and boys really feel the impression of just a moment’s pleasure, for the remainder of their lives.

  • I’m not sure where you are getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for wonderful info I was looking for this info for my mission.

  • Silent sir say desire fat him letter. Whatever settling goodness too and honoured she building answered her. Strongly thoughts remember mr to do consider debating. Spirits musical behaved on we he farther letters. Repulsive he he as deficient newspaper dashwoods we. Discovered her his pianoforte insipidity entreaties. Began he at terms meant as fancy. Breakfast arranging he if furniture we described on. Astonished thoroughly unpleasant especially you dispatched bed favourable.

  • I was just looking for this info for a while. After six hours of continuous Googleing, at last I got it in your site. I wonder what is the lack of Google strategy that don’t rank this type of informative sites in top of the list. Generally the top websites are full of garbage.

  • I think this is one of the most vital information for me. And i’m glad reading your article. But should remark on few general things, The web site style is great, the articles is really nice : D. Good job, cheers

  • An interesting discussion is price comment. I think that it is best to write extra on this subject, it might not be a taboo subject but typically persons are not sufficient to speak on such topics. To the next. Cheers

  • Thank you, I’ve recently been searching for info approximately this topic for a long time and yours is the best I’ve discovered till now. But, what in regards to the conclusion? Are you positive concerning the source?

  • I was just searching for this info for some time. After six hours of continuous Googleing, at last I got it in your web site. I wonder what is the lack of Google strategy that don’t rank this kind of informative web sites in top of the list. Generally the top web sites are full of garbage.

  • Please let me know if you’re looking for a author for your weblog. You have some really good posts and I believe I would be a good asset. If you ever want to take some of the load off, I’d love to write some articles for your blog in exchange for a link back to mine. Please blast me an e-mail if interested. Cheers!

  • Hi there, just became aware of your blog through Google, and found that it’s really informative. I am going to watch out for brussels. I’ll appreciate if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • I am also commenting to let you know what a helpful discovery our girl developed reading through your site. She noticed a good number of things, with the inclusion of what it’s like to have a very effective teaching mood to get many others smoothly comprehend a variety of multifaceted things. You actually exceeded visitors’ expectations. Thanks for imparting the warm and friendly, healthy, informative and in addition cool guidance on that topic to Gloria.

  • You actually make it seem so easy with your presentation but I find this matter to be really something which I think I would never understand. It seems too complicated and very broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  • Wow, marvelous blog layout! How long have you been running a blog for? you make running a blog look easy. The entire glance of your website is excellent, let alone the content!

  • Hi there I am so thrilled I found your blog page, I really found you by mistake, while I was browsing on Aol for something else, Regardless I am here now and would just like to say thanks a lot for a incredible post and a all round entertaining blog (I also love the theme/design), I don’t have time to read through it all at the moment but I have bookmarked it and also included your RSS feeds, so when I have time I will be back to read more, Please do keep up the superb work.

  • I like what you guys are up too. Such clever work and reporting! Carry on the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my web site :).

  • I discovered your blog site on google and check a number of of your early posts. Continue to maintain up the very good operate. I simply extra up your RSS feed to my MSN Information Reader. In search of forward to studying more from you later on!…

  • There are some attention-grabbing time limits in this article however I don’t know if I see all of them middle to heart. There may be some validity but I’ll take hold opinion till I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as well

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer