"Chandi is Binding" Registrar Allows Interest on Disbursement Claim

Written by admin on . Posted in Uncategorized.

One of the developing areas of law relates to whether interest charged on disbursements are recoverable under the BC Supreme Court rules.  The BC Court of Appeal may weigh in on the subject but until that time, useful reasons for judgement were released noting that interest on disbursements can indeed be recovered.
In this week’s case (Franzman v. Munro) the parties could not agree on the reasonableness of many disbursements incurred in a personal injury claim which totaled approximately $90,000.  The interest for financing these disbursements came to over $5,000.   Although there was mixed success on some of the claimed disbursements the Court noted that the interest charged was a fairly claimed item.  In reaching this conclusion Master McDiarmid provided the following reasons:
[27]         I find that it was necessary for the plaintiff to incur significant disbursements in order to properly pursue her claim. I find as well that the arrangement she made with her lawyer was both necessary and proper.
[28]         We are constantly hearing how difficult it is for ordinary people to afford access to our courts. The fee agreement entered into between the plaintiff and her lawyer facilitated her having access to the courts. The interest rate charged by the law firm, that being essentially the interest it was paying on its operating line of credit (a way in which many law firms finance their operations) is reasonable.
[29]         Defendant’s counsel advised that Chandi is under appeal. Plaintiff’s counsel pointed out that the plaintiff has no ability to control whether that appeal will ever proceed, and the plaintiff should not be restricted from executing on its judgment, including costs, while awaiting the unknown result of an appeal.
[30]         Savage J., at paras. 35 and 36, gave a succinct and accurate analysis of comity and the principles enunciated in Re Hansard Spruce Mills, [1954] 4 D.L.R. 590 (BCSC), as follows:
[35] In Re Hansard Spruce Mills, Wilson J., as he then was, was asked to give a ruling that was at direct variance with the ruling of a fellow judge of the Supreme Court. In refusing to contradict the ruling of a judge of the same court, Wilson J. said:
The Court of Appeal, by overriding itself in Bell v. Klein, [1954] B.C.J. No. 152, has settled the law. But I have no power to overrule a brother Judge, I can only differ from him, and the effect of my doing so is not to settle but rather to unsettle the law, because, following such a difference of opinion, the unhappy litigant is confronted with conflicting opinions emanating from the same Court and therefore of the same legal weight. This is a state of affairs which cannot develop in the Court of Appeal.
Therefore, to epitomize what I have already written in the Cairney case, I say this: I will only go against a judgment of another Judge of this Court if:
(a)        Subsequent decisions have affected the validity of the impugned judgment;
(b)        it is demonstrated that some binding authority in case law, or some relevant statute was not considered;
(c)        the judgment was unconsidered, a nisi prius judgment given in circumstances familiar to all trial Judges, where the exigencies of the trial require an immediate decision without opportunity to fully consult authority.
If none of these situations exist I think a trial Judge should follow the decisions of his brother Judges.
Re Hansard Spruce Mills at 592.
[36] Re Hansard Spruce Mills has been cited in over 460 cases (and counting). It has a lengthy history of application in British Columbia courts and has been described as the “dominant approach” to judicial comity in Canada: Debra Parkes, “Precedent Unbound? Contemporary Approaches to Precedent in Canada” (2007) 32 Man. L.J. 135 at 160.
[31]         Chandi is binding on me. No restriction is placed on the award of interest as part of my assessment of costs. The interest claimed is both necessary and proper, and is claimed in a reasonable amount. It is allowed in full as claimed.

disbursements, Franzman v. Munro, Interest on Disbursements, Master McDiarmid

Comments (107)

  • cheap youtube views

    Thanks for the ideas shared on your own blog. Yet another thing I would like to express is that fat loss is not exactly about going on a celebrity diet and trying to shed as much weight as you’re able in a few days. The most effective way to shed pounds is by consuming it gradually and obeying some basic points which can allow you to make the most from your attempt to shed pounds. You may know and already be following many of these tips, nonetheless reinforcing knowledge never affects.

  • check my site

    I simply want to mention I am beginner to blogging and truly savored your web-site. Almost certainly I’m planning to bookmark your website . You surely have impressive articles and reviews. Cheers for sharing your web-site.

  • W88Thai

    Hello! I’m at work browsing your blog from my new iphone 4! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the outstanding work!

  • W88.com

    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 definitely you are going to a famous blogger if you aren’t already 😉 Cheers!

  • investment

    I think this is one of the most important info for me. And i’m glad reading your article. But want to remark on some general things, The website style is perfect, the articles is really nice : D. Good job, cheers

  • fotograf slubny Kety

    Good day! This post could not be written any better! Reading through this post reminds me of my old room mate! He always kept talking about this. I will forward this write-up to him. Fairly certain he will have a good read. Thank you for sharing!

  • venta por catalogo

    Hi are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you require any html coding knowledge to make your own blog? Any help would be really appreciated!

  • 먹튀폴리스

    There are some attention-grabbing time limits in this article but I don’t know if I see all of them heart to heart. There’s some validity but I’ll take maintain opinion until I look into it further. Good article , thanks and we want more! Added to FeedBurner as well

  • Kammerjäger

    It’s perfect time to make some plans for the future and it’s time to be happy. I’ve read this post and if I could I want to suggest you some interesting things or tips. Maybe you could write next articles referring to this article. I want to read even more things about it!

  • beast TV trial

    This is really interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your wonderful post. Also, I have shared your website in my social networks!

  • beast TV trial

    I have learn some just right stuff here. Definitely value bookmarking for revisiting. I wonder how a lot effort you set to make any such great informative web site.

  • Underground Elephant Jason Kulpa

    Thanks for one’s marvelous posting! I truly enjoyed reading it, you will be a great author.I will make sure to bookmark your blog and will often come back down the road. I want to encourage you to definitely continue your great job, have a nice holiday weekend!

  • online poker

    With havin so much content and articles do you ever run into any issues of plagorism or copyright violation? My site has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the web without my agreement. Do you know any methods to help stop content from being ripped off? I’d truly appreciate it.

  • agen poker online

    I am curious to find out what blog system you are utilizing? I’m having some minor security issues with my latest website and I would like to find something more risk-free. Do you have any solutions?

  • online poker

    With havin so much written content do you ever run into any problems of plagorism or copyright violation? My blog has a lot of completely unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the internet without my authorization. Do you know any solutions to help reduce content from being ripped off? I’d definitely appreciate it.

  • poker

    That is very attention-grabbing, You’re an excessively skilled blogger. I’ve joined your rss feed and sit up for in search of extra of your excellent post. Also, I’ve shared your website in my social networks!

  • location de porsche

    Normally I don’t learn article on blogs, but I wish to say that this write-up very pressured me to check out and do it! Your writing taste has been amazed me. Thank you, quite great article.

  • online poker

    The very crux of your writing whilst appearing reasonable at first, did not work properly with me personally after some time. Somewhere throughout the sentences you actually managed to make me a believer unfortunately just for a very short while. I however have got a problem with your leaps in logic and one would do nicely to fill in those gaps. If you actually can accomplish that, I could surely end up being amazed.

  • situs poker online

    hey there and thank you on your info – I’ve definitely picked up something new from proper here. I did alternatively experience some technical issues using this website, as I experienced to reload the website a lot of times prior to I may just get it to load correctly. I have been puzzling over in case your web hosting is OK? No longer that I am complaining, however sluggish loading cases occasions will sometimes impact your placement in google and can damage your high quality ranking if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Anyway I’m adding this RSS to my e-mail and can look out for a lot more of your respective exciting content. Ensure that you replace this once more very soon..

  • 릴게임오션파라다이스

    I precisely had to thank you so much all over again. I am not sure the things that I might have carried out in the absence of the type of secrets shown by you over such theme. It actually was an absolute challenging crisis for me personally, but being able to view the well-written manner you treated the issue forced me to weep with contentment. Now i’m thankful for your information as well as hope you really know what an amazing job you happen to be undertaking instructing people all through your website. Most likely you’ve never got to know any of us.

  • online poker

    Thank you a lot for sharing this with all of us you really recognise what you are talking about! Bookmarked. Please additionally seek advice from my site =). We may have a link alternate agreement between us!

  • poker online

    I simply couldn’t go away your site before suggesting that I actually loved the standard info an individual supply on your visitors? Is going to be back steadily in order to inspect new posts

  • online poker

    Its like you learn my mind! You seem to understand so much approximately this, like you wrote the e-book in it or something. I think that you could do with some p.c. to power the message home a little bit, however instead of that, this is magnificent blog. A fantastic read. I’ll certainly be back.

  • agen poker online

    Hey There. I discovered your weblog the use of msn. This is a really well written article. I will be sure to bookmark it and come back to learn more of your useful information. Thank you for the post. I will definitely comeback.

  • W88

    Do you have a spam issue on this blog; I also am a blogger, and I was wanting to know your situation; many of us have developed some nice practices and we are looking to exchange strategies with other folks, please shoot me an e-mail if interested.

  • blancolån

    Hello! I know this is kind of off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having problems finding one? Thanks a lot!

  • 야마토게임

    I’m still learning from you, but I’m making my way to the top as well. I definitely enjoy reading all that is posted on your site.Keep the stories coming. I liked it!

  • Голая рыба

    What i do not understood is if truth be told how you are not actually much more smartly-favored than you might be now. You are very intelligent. You already know thus considerably with regards to this subject, made me in my view consider it from so many various angles. Its like women and men don’t seem to be involved until it¡¦s something to do with Lady gaga! Your individual stuffs outstanding. At all times handle it up!

  • 우리카지노 계열

    I like the valuable info you provide in your articles. I will bookmark your blog and check again here frequently. I’m quite certain I will learn many new stuff right here! Good luck for the next!

  • 토토사이트 추천

    Excellent post. I used to be checking constantly this weblog and I am inspired! Extremely helpful information particularly the final section 🙂 I maintain such information much. I used to be looking for this certain info for a long time. Thank you and good luck.

  • אוזניות לריצה

    Thanks for your ideas. One thing really noticed is the fact banks along with financial institutions are aware of the spending patterns of consumers as well as understand that most people max out there their real credit cards around the holidays. They wisely take advantage of this particular fact and commence flooding a person’s inbox as well as snail-mail box together with hundreds of Zero APR card offers shortly when the holiday season comes to an end. Knowing that when you are like 98 in the American community, you’ll jump at the one opportunity to consolidate financial debt and move balances to 0 annual percentage rates credit cards.

  • Wedding

    An additional issue is that video gaming has become one of the all-time greatest forms of recreation for people of various age groups. Kids enjoy video games, plus adults do, too. The XBox 360 is just about the favorite games systems for individuals that love to have a lot of games available to them, and also who like to experiment with live with people all over the world. Thank you for sharing your notions.

  • lifeguard classes

    I think other site proprietors should take this web site as an model, very clean and great user friendly style and design, let alone the content. You’re an expert in this topic!

  • lifeguard courses

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

  • 먹튀 폴리스

    Do you have a spam issue on this website; I also am a blogger, and I was wondering your situation; many of us have created some nice methods and we are looking to trade strategies with other folks, please shoot me an e-mail if interested.

  • w88

    Hey! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog post or vice-versa? My website covers a lot of the same topics as yours and I feel we could greatly benefit from each other. If you’re interested feel free to shoot me an e-mail. I look forward to hearing from you! Awesome blog by the way!

  • 야마토 릴게임

    Hiya very cool web site!! Guy .. Beautiful .. Superb .. I will bookmark your site and take the feeds also¡KI’m glad to seek out numerous useful information here within the put up, we want develop more techniques on this regard, thank you for sharing. . . . . .

  • 먹튀검증사이트

    Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a little bit, but other than that, this is magnificent blog. An excellent read. I will definitely be back.

  • where to watch game of thrones

    Great post. I was checking constantly this blog and I’m impressed! Extremely useful info specifically the last part 🙂 I care for such information much. I was seeking this certain information for a very long time. Thank you and best of luck.

  • 메이저토토사이트

    Hello this is kinda of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get advice from someone with experience. Any help would be greatly appreciated!

  • 우리카지노

    Keep up the good piece of work, I read few content on this website and I conceive that your website is real interesting and has got lots of great information.

  • 토토사이트

    Hi my family member! I want to say that this article is amazing, nice written and include almost all significant infos. I¡¦d like to see more posts like this .

  • เช่าเต๊นท์

    I’ve been browsing on-line more than 3 hours today, yet I by no means found any fascinating article like yours. It’s beautiful value sufficient for me. In my opinion, if all site owners and bloggers made just right content material as you did, the internet shall be a lot more useful than ever before. “Truth is not determined by majority vote.” by Doug Gwyn.

  • 먹튀폴리스 사이트

    One important issue is that when you’re searching for a education loan you may find that you’ll want a cosigner. There are many cases where this is correct because you could find that you do not have a past credit ranking so the loan provider will require that you’ve someone cosign the money for you. Interesting post.

  • 메이저사이트추천

    One other important part is that if you are an elderly person, travel insurance intended for pensioners is something you need to really consider. The old you are, the harder at risk you’re for making something terrible happen to you while in most foreign countries. If you are never covered by a number of comprehensive insurance plan, you could have a few serious issues. Thanks for expressing your ideas on this web site.

  • 먹튀검증

    What’s Going down i’m new to this, I stumbled upon this I have discovered It positively useful and it has helped me out loads. I’m hoping to give a contribution & assist other users like its aided me. Great job.

  • lifeguard courses

    Hi there, simply turned into aware of your blog through Google, and found that it’s really informative. I’m going to watch out for brussels. I’ll be grateful when you proceed this in future. Many folks will probably be benefited out of your writing. Cheers!

  • 먹튀폴리스 먹튀

    Wonderful paintings! That is the type of info that are meant to be shared around the web. Shame on the seek engines for no longer positioning this publish upper! Come on over and consult with my site . Thank you =)

  • 먹튀폴리스 가족방

    One thing is always that one of the most widespread incentives for utilizing your credit cards is a cash-back and also rebate supply. Generally, you’ll receive 1-5 back in various buying. Depending on the cards, you may get 1 again on most expenses, and 5 back again on purchases made from convenience stores, gas stations, grocery stores along with ‘member merchants’.

  • taydeville ft lil jay from crime

    One thing is the fact one of the most typical incentives for using your card is a cash-back or rebate offer. Generally, you get 1-5 back in various buying. Depending on the credit card, you may get 1 again on most acquisitions, and 5 in return on acquisitions made using convenience stores, filling stations, grocery stores plus ‘member merchants’.

  • 파워볼사이트

    Howdy would you mind letting me know which hosting company you’re working with? I’ve loaded your blog in 3 different web browsers and I must say this blog loads a lot faster then most. Can you suggest a good hosting provider at a reasonable price? Thanks a lot, I appreciate it!

  • 토토사이트

    I just couldn’t depart your web site prior to suggesting that I extremely enjoyed the standard information a person provide for your visitors? Is gonna be back often in order to check up on new posts

  • 메이저사이트

    Great work! This is the type of information that should be shared around the web. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)

  • custom alnico magnets

    Thanks for another fantastic article. Where else could anybody get that type of info in such a perfect way of writing? I’ve a presentation next week, and I am on the look for such info.

  • smco magnets

    I¡¦ll immediately grasp your rss feed as I can’t in finding your e-mail subscription hyperlink or newsletter service. Do you have any? Please let me realize in order that I could subscribe. Thanks.

  • 먹튀사이트

    You could certainly see your skills in the work you write. The sector hopes for even more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

  • clothing

    This is the proper blog for anyone who needs to search out out about this topic. You notice a lot its almost onerous to argue with you (not that I actually would want…HaHa). You definitely put a brand new spin on a topic thats been written about for years. Great stuff, simply great!

  • custom tees

    Magnificent web site. A lot of useful info here. I am sending it to several friends ans also sharing in delicious. And naturally, thanks for your effort!

  • 먹튀검증

    Some really good info , Gladiola I found this. “The outer conditions of a person’s life will always be found to reflect their inner beliefs.” by James Allen.

  • 먹튀폴리스 먹튀

    I do agree with all of the ideas you have introduced for your post. They’re very convincing and can definitely work. Still, the posts are too quick for newbies. May just you please extend them a bit from subsequent time? Thanks for the post.

  • 메이저 놀이터

    Thanks for your handy post. Through the years, I have been able to understand that the symptoms of mesothelioma are caused by this build up associated fluid between your lining on the lung and the upper body cavity. The disease may start from the chest region and get distributed to other limbs. Other symptoms of pleural mesothelioma cancer include fat reduction, severe breathing trouble, vomiting, difficulty swallowing, and irritation of the neck and face areas. It must be noted that some people existing with the disease do not experience any kind of serious signs or symptoms at all.

  • nonton film

    Wonderful beat ! I would like to apprentice even as you amend your web site, how could i subscribe for a weblog site? The account aided me a acceptable deal. I have been tiny bit familiar of this your broadcast offered vivid clear concept

  • nonton film

    I’m truly enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Superb work!

  • แต่งงาน

    You could definitely see your skills in the work you write. The world hopes for even more passionate writers like you who aren’t afraid to say how they believe. Always go after your heart.

  • รับจัดงานแต่งงาน

    It’s a shame you don’t have a donate button! I’d most certainly donate to this fantastic blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Chat soon!

  • obat kuat

    Great post however , I was wanting to know if you could write a litte more on this subject? I’d be very grateful if you could elaborate a little bit further. Thank you!

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