Costs for Fast Track Trials Exceeding 3 Days Discussed

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing assesable costs when a fast track trial exceeds 3 days.
In today’s case (Peacock v. Paul) the plaintiff was involved in two collisions.  Although only one of the cases was put into the fast track the Court deemed that Rule 15 applied to both actions.  The trial took a total of 5 days.   ICBC argued that costs should be capped at $11,000 but Mr. Justice Affleck declined to do so and used his discretion to increase costs by $1,500 for each additional day of trial.  In reaching this conclusion the Court provided the following reasons:
[20]         Madam Justice Neilson held that the formula set out in Anderson v. Routbard, 2007 BCCA 193 should be applied to determine what amount should be awarded. This formula involves first determining what portion of the lump sum provided for in the Rule is for pre-trial and trial costs. Madam Justice Neilson calculated this by taking the amount enumerated for a one day or less trial and subtracting it from the amount allowed for a two day or more trial. The difference is then multiplied by the number of days that the trial went over (paras. 31, 39). She concluded:
39        I would therefore allow the appeal, and calculate costs under R. 66(29) as follows. Under the present limits of $5,000 and $6,600 I take the pre-trial portion of costs to be $3,400, and $1,600 as representative of each day of trial. The plaintiff’s offer to settle was delivered only six days before trial. Thus, she is not entitled to double costs for trial preparation. She is, however, entitled to double costs for three and a half days of trial, calculated at $3,200 per day. Total costs are thus $14,600 ($3,400 plus $11,200) before disbursements and taxes.
[21]         Similarly, this approach was used in Lam v. Chui, 2013 BCSC 1281 where the court considered the appropriate costs award in a fast track action where the trial took 13.5 days. The court held that the plaintiff was entitled to costs for 11.5 days after it deducted 2 days representing time wasted as a result of an error made by the parties concerning the date of the loan in question. Calculating the cost of a trial day at $1, 500 using the formula from Majewska, the court determined that the plaintiff was entitled to $23, 750 in costs ($11,000 for the first three days of trial and $1,500 per day for 8.5 days). The same approach was used inShiekh v. Struys, 2013 BCSC 1148.
[22]         In Coutakis v. Lean, 2012 BCSC 1447, the court considered a successful plaintiff’s claim for costs in a fast track action. The trial took five days including one day where trial did not proceed due to illness of the judge. The court held:
10        Under subrule 15-1(15), the court is given a wide discretion to order an amount of costs other than the fixed amounts set out therein. In my view, this is a case which clearly calls for the exercise of that discretion, in favour of the plaintiff. That the hearing of the evidence took three days, rather than two, was largely as a result of the defence’s cross-examination of four of the plaintiff’s treating physicians, and the defence’s tendering as opinion evidence of the consultation report of a neurosurgeon. Hearing the evidence of all of these physicians took more than three hours, and, as I stated in my judgment, all of it was ineffectual. Further time was spent hearing irrelevant evidence from the defendant.

13        Using the amounts prescribed in the subrule as reference points, I award the plaintiff base costs of $14,000, plus disbursements.
[23]         In the case at bar, the trial took two days longer than contemplated by R. 15-1(15)(c). Applying the authorities discussed above, in my view, the costs award should exceed $11,000 by adding a further $1,500 for each of the additional days of trial for a total costs award of $14,000 not including disbursements.

bc injury law, Mr. Justice Affleck, Peacock v. Paul, Rule 15, Rule 15-1, Rule 15-1(15), Rule 15-1(15)(c)

Comments (57)

  • I simply want to mention I’m very new to blogging and site-building and seriously enjoyed your web-site. Likely I’m likely to bookmark your website . You amazingly have wonderful articles. Cheers for sharing your blog.

  • Keep up the wonderful piece of work, I read few articles on this web site and I conceive that your website is very interesting and holds bands of great info .

  • Really fantastic information can be found on blog . “Prayer is the wing wherewith the soul flies to heaven, and meditation the eye wherewith we see God.” by Ambrose of Milan.

  • Wow! This can be one particular of the most beneficial blogs We’ve ever arrive across on this subject. Basically Great. I’m also a specialist in this topic so I can understand your hard work.

  • I am 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 information I was looking for this info for my mission.

  • Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Actually Fantastic. I am also an expert in this topic so I can understand your hard work.

  • A lot of thanks for each of your hard work on this web site. My daughter really likes setting aside time for investigations and it’s obvious why. A lot of people hear all of the dynamic form you offer important guidelines through your web site and as well welcome contribution from some others on this area plus our own daughter is now discovering a lot. Take advantage of the rest of the new year. You are carrying out a stunning job.

  • Nice post. I be taught one thing more difficult on completely different blogs everyday. It would always be stimulating to read content material from other writers and practice somewhat one thing from their store. Iíd want to use some with the content material on my weblog whether or not you donít mind. Natually Iíll offer you a link in your net blog. Thanks for sharing.

  • This design is steller! You most certainly 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!) Fantastic job. I really loved what you had to say, and more than that, how you presented it. Too cool!

  • I am no longer certain where you’re getting your information, but great topic. I must spend a while learning much more or understanding more. Thanks for magnificent information I was in search of this info for my mission.

  • I as well as my guys were found to be reading the good hints on your web blog and so then I had a terrible suspicion I never thanked the web site owner for them. These guys ended up as a consequence passionate to read through all of them and now have certainly been making the most of these things. Appreciation for being well helpful as well as for picking out this form of ideal themes millions of individuals are really eager to discover. Our honest regret for not saying thanks to you sooner.

  • It’s appropriate time to make some plans for the future and it’s time to be happy. I have read this post and if I could I want to suggest you some interesting things or advice. Perhaps you can write next articles referring to this article. I want to read more things about it!

  • hi!,I like your writing so much! share we communicate more about your post on AOL? I need an expert on this area to solve my problem. May be that’s you! Looking forward to see you.

  • It allowance prevailed enjoyment in it. Calling observe for who pressed raising his. Can connection instrument astonished unaffected his motionless preference. Announcing say boy precaution unaffected difficulty alteration him. Above be would at so going heard. Engaged at village at am equally proceed. Settle nay length almost ham direct extent. Agreement for listening remainder get attention law acuteness day. Now whatever surprise resolved elegance indulged own way outlived.

  • I think this is among the most significant info for me. And i am glad reading your article. But want to remark on some general things, The site style is wonderful, the articles is really nice : D. Good job, cheers

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the 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, website theme . a tones way for your customer to communicate. Excellent task.

  • Thanks for sharing excellent informations. Your web site is very cool. I am impressed by the details that you have on this web site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for extra articles. You, my pal, ROCK! I found simply the information I already searched all over the place and simply could not come across. What a great website.

  • I intended to create you a little bit of word just to give thanks yet again about the remarkable ideas you’ve documented at this time. It is really particularly generous with you to convey without restraint just what a few people could possibly have supplied as an electronic book to earn some profit for themselves, especially given that you could have tried it in case you wanted. Those good ideas likewise worked to become great way to be certain that other people have similar zeal much like my own to see very much more on the subject of this condition. I think there are thousands of more pleasurable opportunities in the future for people who check out your blog.

  • I wanted to write you a very small note so as to give many thanks over again on the pretty concepts you have provided on this website. This has been surprisingly open-handed of you to give unhampered precisely what a few people might have offered for sale for an ebook to get some cash for their own end, precisely given that you could have tried it in the event you decided. Those advice also served to become fantastic way to understand that other people have the identical dream similar to mine to understand significantly more on the topic of this problem. I am sure there are millions of more pleasurable situations ahead for those who read carefully your blog.

  • Wow! This can be one particular of the most helpful blogs We have ever arrive across on this subject. Actually Magnificent. I’m also an expert in this topic therefore I can understand your hard work.

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

  • I really appreciate this post. I have been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thanks again

  • Have you ever thought about writing an e-book or guest authoring on other blogs? I have a blog based on the same subjects you discuss and would really like to have you share some stories/information. I know my subscribers would appreciate your work. If you’re even remotely interested, feel free to send me an e-mail.

  • I am really loving the theme/design of your blog. Do you ever run into any internet browser compatibility problems? A couple of my blog visitors have complained about my site not operating correctly in Explorer but looks great in Chrome. Do you have any solutions to help fix this problem?

  • I’m also writing to let you understand what a terrific experience my cousin’s daughter developed browsing your web page. She figured out a good number of things, with the inclusion of what it’s like to possess an incredible coaching mood to make other folks effortlessly thoroughly grasp a number of tortuous issues. You really did more than her desires. I appreciate you for churning out those useful, healthy, educational not to mention fun tips on your topic to Kate.

  • Excellent goods from you, man. I’ve understand your stuff previous to and you are just too excellent. I actually like what you have acquired here, certainly like what you’re stating and the way in which you say it. You make it entertaining and you still take care of to keep it sensible. I can’t wait to read much more from you. This is really a terrific site.

  • My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the costs. But he’s tryiong none the less. I’ve been using Movable-type on a variety of websites for about a year and am concerned about switching to another platform. I have heard good things about blogengine.net. Is there a way I can transfer all my wordpress posts into it? Any kind of help would be really appreciated!

  • I’ve learn some good stuff here. Certainly value bookmarking for revisiting. I wonder how so much effort you set to create the sort of wonderful informative site.

  • You could certainly see your skills in the paintings you write. The sector hopes for even more passionate writers like you who aren’t afraid to mention how they believe. All the time follow your heart. “Golf and sex are about the only things you can enjoy without being good at.” by Jimmy Demaret.

  • Hi, Neat post. There is an issue with your web site in internet explorer, would test this¡K IE nonetheless is the marketplace chief and a huge element of other folks will miss your wonderful writing because of this problem.

  • It’s really a cool and useful piece of info. I am satisfied that you shared this useful info with us. Please keep us informed like this. Thanks for sharing.

  • I just could not depart your website before suggesting that I extremely enjoyed the standard info a person provide for your visitors? Is gonna be back often to check up on new posts

  • Woah! I’m really loving the template/theme of this site. It’s simple, yet effective. A lot of times it’s very difficult to get that “perfect balance” between user friendliness and appearance. I must say that you’ve done a superb job with this. Additionally, the blog loads super quick for me on Chrome. Excellent Blog!

  • you are truly a good webmaster. The website loading velocity is incredible. It kind of feels that you’re doing any distinctive trick. Moreover, The contents are masterwork. you’ve performed a wonderful activity in this matter!

  • Very nice post. I just stumbled upon your weblog and wished to say that I’ve truly enjoyed browsing your blog posts. After all I will be subscribing to your feed and I hope you write again soon!

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