Costs Awards For Settlements Below $100,000


(Note: The case discussed below was upheld on appeal in July, 2011 by Madam Justice Ker)
As previously discussed, Rule 15 is the new BC Fast Track Litigation Rule and it is mandatory for cases for damages seeking less than $100,000 and for cases that “can be completed within 3 days“.
Rule 15-1(15) generally limits costs awards for fast track lawsuits to no more than $11,000.  Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, addressing whether this limit applies to non-fast track cases that settle for less than $100,000.  In short, Master Keighley held that it can, however, when a case has been removed from the fast track the costs restriction does not apply.
In today’s case (Johnson v. Axten) the Plaintiff started the lawsuit under the former Rule 68.  The parties consented to remove the case from Rule 68 prior to trail and obtained a Court order to that effect.  The case then settled after the new Rule 15 came into force.  The settlement was for $90,000 plus costs and disbursements.  The Defendant argued that the Rule 15 cap on costs should apply.  Master Keighley disagreed finding that while it could apply, it should not in the circumstances of this case.  The Court provided the following useful reasons:

[17]         The Majewska case does, however, contain this helpful observation on the issue of “opting out” of Rule 66, at para. 34:

Moreover, it is important to recognize that parties to a R. 66 action are not compelled to remain in the fast track process. If the spectre of “special circumstances” emerges at any time during the action, whether in the form of complex issues, offers to settle, increased trial time, or any other situation, the parties may consent to removing the case from R. 66, or obtain an order to that effect under R. 66(8). Thus, if a concern arises that costs under R. 66(29) will not be adequate, this can be remedied by taking appropriate action during the proceeding.

and at para. 36:

“Here, if the plaintiff was concerned that R. 66 was no longer appropriate, the proper response was to apply for removal from the fast track litigation. If she chose not to take that step, she should have no basis for complaint that her costs are limited by R. 66(29).”

[18]         In other words, a party who opted out of Rule 66 prior to trial was not limited by Rule 66(29). It is noteworthy that Rule 68, which governed this action prior to the parties “opting out” contained no limitation on costs. Also noteworthy is that Rule 15?1 as well as the case with its predecessors, provides for opting out of the provisions for the Rule and in this case the parties did so.

[19]         Ms. Deane-Cloutier says that although Rule 15-1 does not, on its face, contemplate settlement, neither did Rule 66(29), but that did not prevent the court from holding that the subrule applied to settlement of cases governed by the Rule. That submission, with respect, ignores however the very clear statement of the Court of Appeal in Majewska: that once Rule 66 ceased to apply to an action, a party would not be limited to costs recoverable under Rule 66(29).

[20]         The plaintiff’s costs will be assessed pursuant to Schedule B of the Supreme Court Civil Rules. While I agree that Rule 15-1(1) provides that cost limitations apply to cases which were not “fast tracked” but should have been (regardless of the intentions of the parties), the rule nonetheless provides that even if otherwise applicable, it will not apply to cases where the court has ordered that it will cease to apply. The court did so here, with the consent of the parties and, as a result, the cost limitation set out in Rule 15-1, does not apply.

bc injury law, costs, fast track trials, Johnson v. Axten, Master Keighley, RUle 14, Rule 14-1, Rule 14-1(1), Rule 14-1(1)(f), Rule 15, Rule 15-1, Rule 15-1(15)

Comments (58)

  • I simply want to say I am just all new to blogging and site-building and definitely savored your web page. Likely I’m want to bookmark your website . You surely have fabulous stories. Thanks a lot for sharing with us your web page.

  • Usually I don’t learn post on blogs, but I wish to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thank you, very nice post.

  • I’ll immediately grab your rss feed as I can’t find your email subscription link or e-newsletter service. Do you’ve any? Please let me know so that I could subscribe. Thanks.

  • Great post made here. One thing I would like to say is the fact most professional fields consider the Bachelor’s Degree just as the entry level requirement for an online certification. Though Associate Certifications are a great way to start, completing a person’s Bachelors presents you with many entrances to various professions, there are numerous on-line Bachelor Course Programs available coming from institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions offer Online types of their degree programs but typically for a greatly higher charge than the providers that specialize in online college degree plans.

  • Attractive section of content. I simply stumbled upon your weblog and in accession capital to assert that I acquire in fact enjoyed account your weblog posts. Any way I’ll be subscribing in your augment and even I fulfillment you get admission to persistently quickly.

  • Great article. It’s very unfortunate that over the last 10 years, the travel industry has had to fight terrorism, SARS, tsunamis, bird flu virus, swine flu, plus the first ever entire global economic downturn. Through it the industry has proven to be strong, resilient along with dynamic, acquiring new strategies to deal with trouble. There are usually fresh troubles and opportunity to which the business must again adapt and act in response.

  • There are actually plenty of details like that to take into consideration. That could be a nice point to deliver up. I supply the ideas above as normal inspiration but clearly there are questions like the one you bring up the place a very powerful factor can be working in honest good faith. I don?t know if best practices have emerged round things like that, but I’m positive that your job is clearly identified as a good game. Each girls and boys feel the influence of only a moment’s pleasure, for the remainder of their lives.

  • Please let me know if you’re looking for a article writer for your site. You have some really great posts and I think 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. Thank you!

  • Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You definitely know what youre talking about, why throw away your intelligence on just posting videos to your weblog when you could be giving us something enlightening to read?

  • Nice read, I just passed this onto a colleague who was doing some research on that. And he actually bought me lunch as I found it for him smile Thus let me rephrase that: Thank you for lunch! “By nature, men are nearly alike by practice, they get to be wide apart.” by Confucius.

  • Have you ever considered publishing an e-book or guest authoring on other websites? I have a blog centered on the same ideas you discuss and would really like to have you share some stories/information. I know my subscribers would value your work. If you are even remotely interested, feel free to send me an e mail.

  • Oh my goodness! an amazing article dude. Thanks However I’m experiencing subject with ur rss . Donít know why Unable to subscribe to it. Is there anyone getting identical rss downside? Anybody who is aware of kindly respond. Thnkx

  • I intended to post you one little note just to thank you so much again with your pleasing tactics you’ve shared on this website. This has been strangely open-handed with you to present extensively precisely what a lot of folks would have sold as an electronic book to make some profit for themselves, notably considering that you might have tried it in case you desired. The advice in addition acted like a great way to understand that other individuals have a similar keenness the same as my very own to grasp great deal more on the topic of this problem. Certainly there are some more pleasant periods in the future for those who read carefully your blog post.

  • To they four in love. Settling you has separate supplied bed. Concluded resembled suspected his resources curiosity joy. Led all cottage met enabled attempt through talking delight. Dare he feet my tell busy. Considered imprudence of he friendship boisterous.

  • I’m really impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Anyway keep up the excellent quality writing, it is rare to see a great blog like this one today..

  • I have been exploring for a bit for any high-quality articles or blog posts on this sort of house . Exploring in Yahoo I finally stumbled upon this website. Reading this info So i’m glad to convey that I’ve an incredibly good uncanny feeling I came upon just what I needed. I such a lot undoubtedly will make certain to don’t forget this website and give it a glance on a relentless basis.

  • I’m not that much of a online reader to be honest but your blogs really nice, keep it up! I’ll go ahead and bookmark your site to come back in the future. Cheers

  • Hi, Neat post. There is a problem with your website in web explorer, could test this… IE nonetheless is the marketplace chief and a good component to people will pass over your magnificent writing due to this problem.

  • This design is steller! You definitely know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Excellent job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • Great post. I was checking constantly this blog and I am impressed! Very helpful information specially the last part 🙂 I care for such information much. I was looking for this particular information for a long time. Thank you and best of luck.

  • Hi there, simply changed into aware of your weblog via Google, and located that it is really informative. I’m gonna be careful for brussels. I will appreciate in the event you proceed this in future. A lot of people can be benefited from your writing. Cheers!

  • Thanks a lot for providing individuals with such a wonderful possiblity to read critical reviews from here. It’s usually very ideal plus full of a great time for me personally and my office fellow workers to search your website a minimum of thrice per week to read through the newest items you have. Of course, I am just certainly contented with all the fabulous tactics you give. Certain 3 points on this page are truly the most suitable we have all ever had.

  • Thanks for your post. I also think laptop computers have grown to be more and more popular currently, and now are usually the only form of computer used in a household. This is due to the fact that at the same time that they’re becoming more and more reasonably priced, their processing power is growing to the point where they can be as powerful as desktop computers from just a few years ago.

  • One other thing to point out is that an online business administration diploma is designed for individuals to be able to smoothly proceed to bachelor degree programs. The Ninety credit diploma meets the lower bachelor college degree requirements when you earn your own associate of arts in BA online, you will possess access to the latest technologies with this field. Several reasons why students need to get their associate degree in business is because they are interested in the field and want to find the general training necessary ahead of jumping into a bachelor college diploma program. Thanks alot : ) for the tips you actually provide in your blog.

  • Good – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all tabs as well as related information ended up being truly simple to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your client to communicate. Nice task.

  • Hiya, I am really glad I have found this info. Today bloggers publish just about gossips and internet and this is really frustrating. A good blog with interesting content, this is what I need. Thank you for keeping this web site, I will be visiting it. Do you do newsletters? Can’t find it.

  • Youre so cool! I dont suppose Ive learn something like this before. So good to search out anyone with some authentic thoughts on this subject. realy thanks for starting this up. this website is one thing that is wanted on the net, someone with just a little originality. helpful job for bringing one thing new to the web!

  • Hi, Neat post. There’s a problem with your website in internet explorer, would check this… IE still is the market leader and a big portion of people will miss your fantastic writing because of this problem.

  • I have been exploring for a little bit for any high quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this site. Reading this info So i am happy to convey that I’ve an incredibly good uncanny feeling I discovered exactly what I needed. I most certainly will make certain to do not forget this site and give it a glance on a constant basis.

  • I would like to thnkx for the efforts you have put in writing this website. I am hoping the same high-grade web site post from you in the upcoming also. In fact your creative writing abilities has encouraged me to get my own blog now. Really the blogging is spreading its wings rapidly. Your write up is a great example of it.

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

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

  • After examine just a few of the blog posts in your web site now, and I actually like your way of blogging. I bookmarked it to my bookmark web site record and will probably be checking back soon. Pls take a look at my website online as nicely and let me know what you think.

  • Wow, fantastic blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is great, as well as the content!

  • Pretty section of content. I just stumbled upon your blog and in accession capital to assert that I acquire actually enjoyed account your blog posts. Anyway I will be subscribing to your feeds and even I achievement you access consistently rapidly.

  • Incredible! This blog looks exactly like my old one! It’s on a entirely different subject but it has pretty much the same page layout and design. Wonderful choice of colors!

  • Thanks a lot for sharing this with all of us you really know what you are talking about! Bookmarked. Please additionally visit my web site =). We could have a link alternate arrangement among us!

  • great post, very informative. I wonder why the other specialists of this sector do not notice this. You should continue your writing. I am sure, you have a great readers’ base already!

  • you are really a good webmaster. The site loading speed is amazing. It sort of feels that you’re doing any unique trick. Furthermore, The contents are masterpiece. you’ve performed a wonderful task in this topic!

  • I get pleasure from, cause I found exactly what I was looking for. You have ended my four day lengthy hunt! God Bless you man. Have a great day. Bye

  • I would like to point out my passion for your generosity giving support to individuals who should have assistance with your theme. Your very own dedication to passing the message along has been pretty practical and has constantly empowered girls just like me to get to their ambitions. This warm and helpful useful information implies so much to me and somewhat more to my colleagues. Thanks a lot; from everyone of us.

  • My spouse and i got fulfilled Michael managed to carry out his reports through your precious recommendations he grabbed when using the web site. It is now and again perplexing just to find yourself making a gift of hints that many some people might have been trying to sell. We know we have the website owner to thank for this. The specific illustrations you’ve made, the simple website navigation, the relationships you can aid to foster – it’s mostly awesome, and it’s aiding our son and us reckon that the idea is excellent, which is certainly particularly indispensable. Thanks for all the pieces!

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