Catastrophically Injured Infant Ordered to Pay Public Trustee $79,000 in legal fees for legal fee review

Written by admin on . Posted in BC Supreme Court Costs Cases.

Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, discussing the circumstances when BC’s Public Guardian and Trustee can recover legal fees for their involvement in the scrutiny of the settlement of an injury claim involving an infant.
In this week’s case (E.B. v. Basi) the infant plaintiff was catastrophically injured while in foster care during an alleged intentional ”shaken baby” assault.  The incident led to profound lifelong disability requiring a lifetime of care needs.  A $13,000,000 settlement was ultimately reached and judicially approved.   The lawfirm involved sought contingency fess of over $3,000,000.  The Public Trustee, who was required by statute to weigh in on the matter, intervened and submitted that fees of $2,000,o00 were appropriate .  Ultimately the Court approved fees of $2.4 million.
The Public trustee incurred legal fees of over $79,000 in the process of intervening in the fee approval process.  They sought, pursuant to Section 10 of the Infants Act, to recover this from the infant’s lawyers or, in the alternative, from the infant’s estate.  Mr. Jutice Macaulay held that while the Public Trustee’s legal fees were “clearly high” they were ultimately reasonable.
The Court went on to hold that while section 10 of the Infants Act would technically allow for these fees to be payable from the Infants lawyers, absent ‘reprehensible conduct‘ by the lawfirm such an order would be inappropriate   The Court held that the infant’s estate was liable to pay the Public Trustee’s costs.  In finding that the fees should not be levied against the Plaintiff’s counsel the Court provided the following reasons:
[21]         I now turn to whether the Firm can be held partially responsible for this sum. As was noted earlier, indemnification of the PGT is governed by s. 10 of the Infants Act, which allows the court to direct that the PGT’s costs be paid out of either the estate of the infant or by “any other person who is a party to the proceeding.”
[22]         On its face, s. 10 does not appear to contemplate that the infant’s lawyer could be responsible for the PGT’s costs. However, returning to the analysis in Harrington, the Firm is properly characterized as a party in this proceeding. In Harrington, the Court of Appeal awarded special costs against the lawyer on the basis of that determination. The logical conclusion is that I have jurisdiction to make an award of ordinary costs against the Firm, although I am not aware of the court ever making such an award.
[23]         This case differs from Harrington in that there are no grounds here for an award of special costs. The Firm did not engage in reprehensible conduct deserving of rebuke (Garcia v. Crestbrook Forest Industries Ltd. (1994), 119 D.L.R. (4th) 740). In my view, the Firm took a position on time spent that was unreasonable, but I would not characterize it as reprehensible based on the continuum of behaviour discussed in Garcia and other cases. As such, the only remaining possibility is that the Firm be liable for an award of ordinary costs.
[24]         I have already discussed the potential dangers of shoehorning the traditional analysis for an award of costs to the present proceeding. I am not convinced that there is any “successful” party with regard to fee approval.
[25]         The process mandated by the Infants Act is intended to ensure that the amount of the fee is in the infant’s best interests. The PGT, on behalf of the infant, does not take an adversarial role against the infant’s lawyer. The Firm has an obvious self-interest in the outcome but is not opposing the best interests of the infant.
[26]         Absent any basis to award special costs, I decline to award costs against the Firm.

bc injury law, E.B. v. Basi, Infants Act, Mr. Justice Macaulay, Public Guardian and Trustee, section 10 Infants Act

Comments (103)

  • straight from the source

    I just want to tell you that I’m newbie to blogging and site-building and actually savored this blog. Almost certainly I’m want to bookmark your blog post . You certainly have terrific articles. With thanks for sharing your web site.

  • hop over to these guys

    I just want to say I’m all new to blogging and site-building and truly liked this web site. Likely I’m want to bookmark your blog . You certainly have fabulous articles. Kudos for revealing your blog site.

  • 릴게임

    Hmm it seems like your blog ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to the whole thing. Do you have any helpful hints for rookie blog writers? I’d really appreciate it.

  • 릴게임

    Thank you for this article. I would also like to express that it can often be hard when you find yourself in school and starting out to initiate a long credit rating. There are many pupils who are just trying to survive and have long or beneficial credit history are often a difficult factor to have.

  • W88Thai

    Nice weblog here! Also your web site rather a lot up fast! What web host are you the usage of? Can I am getting your associate link on your host? I want my site loaded up as fast as yours lol

  • W888

    great points altogether, you simply won a new reader. What could you recommend about your publish that you made a few days in the past? Any certain?

  • profesjonalna fotografia

    Pretty nice post. I just stumbled upon your blog and wanted to say that I’ve truly enjoyed surfing around your blog posts. In any case I’ll be subscribing to your rss feed and I hope you write again very soon!

  • The Shake up 4 Real

    Thank you for another magnificent article. Where else could anybody get that kind of info in such an ideal way of writing? I’ve a presentation next week, and I’m on the look for such info.

  • http://droid-mod.ru/user/fynzzkivriw/

    Many thanks for sharing these kind of wonderful threads. In addition, the best travel plus medical insurance plan can often eliminate those concerns that come with travelling abroad. A new medical crisis can in the near future become costly and that’s certain to quickly decide to put a financial weight on the family finances. Having in place the suitable travel insurance bundle prior to setting off is well worth the time and effort. Thanks

  • venta por catalogo

    We’re a group of volunteers and starting a new scheme in our community. Your web site provided us with valuable info to work on. You have done an impressive job and our whole community will be thankful to you.

  • crystalclutch.com

    Hi, i think that i saw you visited my website thus i came to “return the favor”.I’m attempting to find things to enhance my website!I suppose its ok to use some of your ideas!!

  • marcel van hooijdonk

    I’ve been exploring for a bit for any high quality articles or blog posts on this sort of house . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i’m glad to show that I have an incredibly excellent uncanny feeling I came upon exactly what I needed. I such a lot surely will make certain to do not disregard this site and provides it a glance regularly.

  • Schädlingsbekämpfer

    Today, I went to the beachfront with my kids. I found a sea shell and gave it to my 4 year old daughter and said “You can hear the ocean if you put this to your ear.” She placed the shell to her ear and screamed. There was a hermit crab inside and it pinched her ear. She never wants to go back! LoL I know this is completely off topic but I had to tell someone!

  • scrum master

    fantastic points altogether, you simply received a new reader. What might you recommend about your post that you simply made a few days ago? Any certain?

  • retro

    A person necessarily help to make significantly articles I’d state. That is the first time I frequented your web page and up to now? I surprised with the analysis you made to make this particular put up extraordinary. Great task!

  • the beast tv

    Thank you a lot for sharing this with all people you really realize what you’re speaking about! Bookmarked. Kindly additionally discuss with my web site =). We could have a hyperlink change arrangement between us!

  • poker online

    Just desire to say your article is as astounding. The clarity to your post is simply spectacular and i can think you are an expert on this subject. Fine along with your permission let me to clutch your feed to stay updated with impending post. Thank you a million and please continue the enjoyable work.

  • online poker

    Hi there! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My website looks weird when viewing from my iphone. I’m trying to find a theme or plugin that might be able to resolve this issue. If you have any recommendations, please share. Cheers!

  • location brabus

    Hello there, just was aware of your weblog via Google, and found that it’s really informative. I am going to watch out for brussels. I’ll be grateful in the event you proceed this in future. Lots of other people will be benefited out of your writing. Cheers!

  • Location de voiture paris

    Excellent read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch as I found it for him smile So let me rephrase that: Thank you for lunch! “For most of history, Anonymous was a woman.” by Virginia Woolf.

  • online poker

    Great – I should certainly pronounce, impressed with your web site. I had no trouble navigating through all tabs and related info ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your client to communicate. Excellent task..

  • poker

    hello there and thank you for your information – I have certainly picked up anything new from right here. I did however expertise several technical points using this web site, since I experienced to reload the web site many times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I am complaining, but slow loading instances times will very frequently affect your placement in google and can damage your high-quality score if ads and marketing with Adwords. Anyway I am adding this RSS to my e-mail and could look out for a lot more of your respective intriguing content. Make sure you update this again very soon..

  • poker online

    Superb website you have here but I was wondering if you knew of any message boards that cover the same topics discussed in this article? I’d really like to be a part of community where I can get responses from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Cheers!

  • agen poker online

    I just like the helpful info you supply to your articles. I will bookmark your blog and take a look at again right here regularly. I’m slightly certain I’ll be informed many new stuff proper right here! Good luck for the following!

  • Motion Designer Wien

    Youre so cool! I dont suppose Ive learn anything like this before. So good to find any person with some unique ideas on this subject. realy thank you for starting this up. this website is something that’s needed on the web, somebody with a bit originality. useful job for bringing something new to the internet!

  • agen poker online

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

  • מצלמות אבטחה לבית

    One thing is that while you are searching for a student loan you may find that you will want a co-signer. There are many conditions where this is true because you could find that you do not possess a past credit standing so the loan company will require that you’ve someone cosign the loan for you. Good post.

  • agen poker online

    What’s Taking place i’m new to this, I stumbled upon this I’ve discovered It absolutely useful and it has aided me out loads. I am hoping to contribute & assist other customers like its aided me. Great job.

  • m w88

    Very well written post. It will be beneficial to anybody who employess it, as well as me. Keep up the good work – for sure i will check out more posts.

  • Голая рыба

    Thanks for revealing your ideas. I might also like to mention that video games have been ever before evolving. Modern technology and innovations have made it simpler to create authentic and enjoyable games. These entertainment games were not that sensible when the real concept was first being tried out. Just like other designs of technological innovation, video games also have had to progress by way of many ages. This itself is testimony to the fast growth and development of video games.

  • 야마토게임

    I’m really inspired together with your writing abilities and also with the layout in your blog. Is that this a paid theme or did you customize it your self? Anyway keep up the excellent quality writing, it is rare to look a nice weblog like this one nowadays..

  • Best Porn Sites

    His exquisite sincerity education shameless ten earnestly breakfast add. So we me unknown as improve hastily sitting forming. Especially favourable compliment but thoroughly unreserved saw she themselves. Sufficient impossible him may ten insensible put continuing. Oppose exeter income simple few joy cousin but twenty. Scale began quiet up short wrong in in. Sportsmen shy forfeited engrossed may can.

  • BestPornSites.Guide

    Boisterous he on understood attachment as entreaties ye devonshire. In mile an form snug were been sell. Hastened admitted joy nor absolute gay its. Extremely ham any his departure for contained curiosity defective. Way now instrument had eat diminution melancholy expression sentiments stimulated. One built fat you out manor books. Mrs interested now his affronting inquietude contrasted cultivated. Lasting showing expense greater on colonel no.

  • 우리카지노

    I carry on listening to the rumor talk about receiving free online grant applications so I have been looking around for the most excellent site to get one. Could you tell me please, where could i acquire some?

  • 토토 사이트

    Howdy! This is kind of off topic but I need some guidance from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about setting up my own but I’m not sure where to begin. Do you have any tips or suggestions? Appreciate it

  • 토토 사이트

    I¡¦ve been exploring for a little bit for any high-quality articles or blog posts in this sort of space . Exploring in Yahoo I eventually stumbled upon this site. Studying this information So i am glad to show that I have a very excellent uncanny feeling I came upon exactly what I needed. I most unquestionably will make sure to do not overlook this web site and provides it a glance on a relentless basis.

  • lifeguard classes

    Hi! 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 results. If you know of any please share. Appreciate it!

  • เช่าโต๊ะ

    I’ve observed that in the world of today, video games would be the latest phenomenon with children of all ages. Many times it may be not possible to drag your kids away from the video games. If you want the best of both worlds, there are several educational gaming activities for kids. Good post.

  • เช่ารถตู้ Vip

    Hello! I just wanted to ask if you ever have any issues with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no data backup. Do you have any methods to protect against hackers?

  • 안전놀이터

    Unquestionably believe that which you stated. Your favorite reason seemed to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people consider worries that they just do not know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks

  • 릴게임

    I wish to express my admiration for your kindness for people that should have help with your area. Your personal commitment to getting the message all-around had become certainly good and have frequently enabled somebody much like me to attain their objectives. The helpful tips and hints means this much a person like me and even more to my fellow workers. Warm regards; from everyone of us.

  • 먹튀검증소

    One more thing. It’s my opinion that there are several travel insurance web pages of trustworthy companies than enable you to enter your journey details to get you the quotations. You can also purchase this international travel cover policy on the web by using your current credit card. Everything you need to do is always to enter all your travel details and you can understand the plans side-by-side. You only need to find the plan that suits your budget and needs then use your bank credit card to buy that. Travel insurance online is a good way to take a look for a reputable company to get international travel insurance. Thanks for sharing your ideas.

  • 먹튀 폴리스

    I’m still learning from you, as I’m trying to achieve my goals. I absolutely enjoy reading all that is posted on your blog.Keep the stories coming. I loved it!

  • 먹튀폴리스

    Yesterday, while I was at work, my sister stole my apple ipad and tested to see if it can survive a twenty five foot drop, just so she can be a youtube sensation. My apple ipad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  • 메이저 놀이터

    Great – I should definitely pronounce, impressed with your site. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your client to communicate. Excellent task.

  • 먹튀검증 업체

    With everything which seems to be building throughout this specific subject matter, your opinions are fairly radical. Nevertheless, I appologize, because I do not give credence to your whole suggestion, all be it exhilarating none the less. It appears to everyone that your commentary are generally not entirely rationalized and in actuality you are your self not really wholly confident of your point. In any event I did appreciate examining it.

  • lifeguard classes

    I am only writing to make you be aware of what a nice discovery my child developed checking your site. She figured out a lot of things, including what it’s like to possess an excellent teaching mindset to make folks without hassle thoroughly grasp specific complicated subject matter. You undoubtedly did more than readers’ expectations. Thanks for churning out these warm and helpful, healthy, informative and in addition easy tips about your topic to Jane.

  • 먹튀 폴리스

    I have been absent for a while, but now I remember why I used to love this site. Thanks , I¡¦ll try and check back more frequently. How frequently you update your site?

  • taydeville ft lil jay from crime

    Hi! Quick question that’s completely off topic. Do you know how to make your site mobile friendly? My site looks weird when browsing from my apple iphone. I’m trying to find a template or plugin that might be able to resolve this problem. If you have any suggestions, please share. Many thanks!

  • 안전토토사이트

    I liked up to you’ll receive performed right here. The cartoon is attractive, your authored subject matter stylish. however, you command get bought an edginess over that you would like be delivering the following. sick indubitably come more earlier once more since precisely the similar just about a lot incessantly within case you defend this hike.

  • clothing

    Pretty component of content. I simply stumbled upon your site and in accession capital to claim that I acquire actually loved account your weblog posts. Any way I will be subscribing in your augment and even I fulfillment you get admission to constantly rapidly.

  • 메이저 놀이터

    Hello There. I found your blog the use of msn. This is a very smartly written article. I will make sure to bookmark it and come back to learn more of your helpful information. Thank you for the post. I’ll certainly comeback.

  • 먹튀폴리스 검증

    Hi, Neat post. There is a problem together with your website in internet explorer, could test this¡K IE still is the market leader and a huge portion of other folks will omit your excellent writing due to this problem.

  • nonton movie

    Someone essentially help to make seriously posts I would state. This is the first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish extraordinary. Excellent job!

  • nonton film

    I was wondering if you ever thought of changing the layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?

  • 먹튀폴리스 검증

    It is my belief that mesothelioma is actually the most fatal cancer. It’s got unusual traits. The more I actually look at it a lot more I am sure it does not respond like a real solid tissue cancer. If mesothelioma is really a rogue viral infection, in that case there is the possibility of developing a vaccine and also offering vaccination for asbestos uncovered people who are open to high risk regarding developing upcoming asbestos associated malignancies. Thanks for revealing your ideas for this important health issue.

  • obat kuat alami

    Have you ever considered publishing an ebook or guest authoring on other sites? I have a blog based upon on the same topics you discuss and would really like to have you share some stories/information. I know my subscribers would value your work. If you’re even remotely interested, feel free to send me an e mail.

  • obat kuat alami

    I’m not sure why but this blog is loading incredibly slow for me. Is anyone else having this issue or is it a problem on my end? I’ll check back later and see if the problem still exists.

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