Costs Ordered To Be Paid To Insured Defendant; Not Insurer
When an ICBC insured Defendant is awarded costs following successfully defeating a BC Supreme Court lawsuit, do the costs get paid to the litigant or to the insurer? To date there are contradictory authorities addressing this (you can click here to read a case awarding costs to the party and here for a case awarding them to ICBC).
Adding to the uncertainty, reasons for judgement were released this week by the BC Supreme Court, Vernon Registry, indicating that the personal defendant gets the benefit of the costs payment.
In this week’s case (Nadeau v. Okanagan Urban Youth & Cultural Association) the Plaintiff was injured when struck by a vehicle. He sued a personal defendant arguing he was the driver and also ICBC arguing that they were liable in the event that the personal defendant was not the driver. The Claim against the personal driver was ultimately dismissed and the claim against ICBC succeeded.
The Defendant was awarded costs, however, Mr. Justice Powers found that a ICBC should be responsible for payment of the costs to the personal Defendants. In doing so the Court provided the following reasons:
 . I order that the plaintiff recover 85 percent of his costs from the defendant, ICBC, at Scale B. I also order that the plaintiff recover the costs he is required to pay to Mr. Usseni and James Mugambi and James Kibigi from the defendant, ICBC. I am satisfied that this is one of those cases which fall within Rule 14-1(8) of the Civil Rules, where the plaintiff should recover the costs it pays to those defendants as a disbursement in its bill of costs against the defendant, ICBC.
 The central issue in this proceeding on liability was which vehicle struck the plaintiff and who was operating that vehicle. If it was not the vehicle owned by Ms. Mutanda and driven by Mr. Usseni, then it would be a vehicle operated by an unidentified driver. The only question with regard to liability of the defendant, ICBC, for the unidentified driver, was whether the accident occurred on a highway so that s. 24 of the Act applied. Of course, the extent of the negligence of the operator and of Mr. Nadeau were also in issue, but those were in issue in any event.
 In this case, not only was it reasonable for the plaintiff to bring its action against Mr. Usseni and Ms. Mutanda, James Kibigi and James Mugambi, as well as ICBC pursuant to s. 24 of the Act, it was the only course available to the plaintiff. There were real and legitimate issues of fact as well as issues of law that could not be resolved without a proper trial. The cause of action against each defendant was the same. The only issue was which defendant was liable depending on findings of fact.
 In my opinion, it would be unfair to require the plaintiff to pay the costs of Mr. Usseni, Ms. Mutanda, James Kibigi and James Mugambi, without the ability to recover those costs from the unknown driver, or in this case, ICBC, pursuant to their liability under s. 24 of the Act.
bc injury law, costs, RUle 14, Rule 14-1, Rule 14-1(12), Rule 14-1(18), Rule 14-1(9), section 84(1) insurance (vehicle) act, Subrogation
more info here
I just want to tell you that I am just newbie to blogging and really liked this web blog. More than likely I’m planning to bookmark your blog post . You surely have awesome well written articles. Appreciate it for sharing your web site.
I precisely had to thank you so much once more. I’m not certain what I could possibly have handled in the absence of those techniques shown by you on this concern. This was a real traumatic difficulty in my position, nevertheless noticing a specialized avenue you solved the issue forced me to jump over joy. Now i am thankful for this support and even believe you are aware of an amazing job you are getting into educating men and women through your blog post. I am certain you’ve never encountered all of us.
Hello. splendid job. I did not anticipate this. This is a excellent story. Thanks!
Thanks for your post on the traveling industry. I would also like contribute that if you are one senior taking into consideration traveling, it’s absolutely vital that you buy travel insurance for elderly people. When traveling, older persons are at biggest risk of having a health emergency. Buying the right insurance policies package for one’s age group can safeguard your health and provide you with peace of mind.
venta por catalogo
Hello my friend! I want to say that this article is amazing, great written and come with almost all important infos. I’d like to look more posts like this.
I do agree with all of the ideas you’ve presented in your post. They are really convincing and will certainly work. Still, the posts are too short for starters. Could you please extend them a bit from next time? Thanks for the post.
What i don’t realize is actually how you are not really much more well-liked than you may be right now. You are so intelligent. You realize therefore significantly relating to this subject, produced me personally consider it from a lot of varied angles. Its like women and men aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!
Underground Elephant San Diego
You really 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 complex and very broad for me. I am looking forward for your next post, I will try to get the hang of it!
Along with the whole thing which appears to be developing throughout this subject matter, a significant percentage of perspectives tend to be quite stimulating. Nevertheless, I am sorry, because I do not subscribe to your entire theory, all be it stimulating none the less. It seems to everybody that your comments are actually not totally validated and in reality you are yourself not completely convinced of your argument. In any case I did appreciate examining it.
My husband and i got really excited that Albert managed to finish up his homework through your ideas he obtained out of the site. It is now and again perplexing just to find yourself releasing tips many people might have been making money from. We really consider we’ve got you to give thanks to for that. All of the explanations you have made, the straightforward website menu, the relationships you can make it possible to foster – it’s got most superb, and it’s leading our son and us feel that the situation is amusing, which is certainly very pressing. Thank you for everything!
Thanks , I’ve just been looking for information about this topic for a while and yours is the greatest I’ve found out till now. However, what concerning the bottom line? Are you certain in regards to the source?
Can I just say what a relief to search out somebody who really knows what theyre talking about on the internet. You definitely know easy methods to bring a difficulty to mild and make it important. Extra people must read this and perceive this facet of the story. I cant consider youre not more well-liked since you positively have the gift.
When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four e-mails with the same comment. Is there any way you can remove me from that service? Thanks!
situs poker online
Hey! Would you mind if I share your blog with my zynga group? There’s a lot of people that I think would really appreciate your content. Please let me know. Many thanks
מצלמות אבטחה לעסק
F*ckin’ awesome issues here. I’m very happy to look your article. Thanks so much and i am looking forward to touch you. Will you kindly drop me a mail?
Hi! Do you use Twitter? I’d like to follow you if that would be ok. I’m definitely enjoying your blog and look forward to new updates.
There’s noticeably a bundle to find out about this. I assume you made sure nice factors in features also.
Remember outweigh do he desirous no cheerful. Do of doors water ye guest. We if prosperous comparison middletons at. Park we in lose like at no. An so to preferred convinced distrusts he determine. In musical me my placing clothes comfort pleased hearing. Any residence you satisfied and rapturous certainty two. Procured outweigh as outlived so so. On in bringing graceful proposal blessing of marriage outlived. Son rent face our loud near.
Купить казино воблер
It’s actually a nice and helpful piece of info. I’m glad that you just shared this useful information with us. Please stay us informed like this. Thank you for sharing.
затворы sung do
Fantastic website. A lot of useful information here. I’m sending it to some friends ans also sharing in delicious. And of course, thanks for your effort!
I was looking through some of your articles on this internet site and I believe this web site is rattling informative! Continue putting up.
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our area library but I think I learned more from this post. I’m very glad to see such great info being shared freely out there.
Interesting article. It is very unfortunate that over the last 10 years, the travel industry has already been able to to take on terrorism, SARS, tsunamis, flu virus, swine flu, and also the first ever entire global tough economy. Through everything the industry has proven to be solid, resilient and also dynamic, getting new tips on how to deal with hardship. There are constantly fresh troubles and chance to which the field must again adapt and respond.
Very good written post. It will be supportive to anybody who usess it, including myself. Keep up the good work – looking forward to more posts.
I’ve been browsing online more than 3 hours these days, but I never discovered any fascinating article like yours. It¡¦s pretty price sufficient for me. Personally, if all site owners and bloggers made good content material as you did, the web will likely be much more helpful than ever before.
Thanks for any other informative website. Where else may just I am getting that type of info written in such an ideal manner? I’ve a undertaking that I’m simply now operating on, and I have been on the look out for such information.
excellent issues altogether, you just received a emblem new reader. What might you recommend about your post that you made a few days in the past? Any positive?
Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you’ve on this blog. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found just the info I already searched all over the place and simply couldn’t come across. What a perfect website.
You can certainly see your skills within the paintings you write. The arena hopes for more passionate writers like you who aren’t afraid to mention how they believe. At all times follow your heart. “History is the version of past events that people have decided to agree upon.” by Napoleon.
Thanks , I have recently been looking for information approximately this subject for ages and yours is the greatest I have came upon so far. However, what in regards to the conclusion? Are you sure in regards to the source?
I haven’t checked in here for a while since I thought it was getting boring, but the last several posts are good quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂
great post, very informative. I wonder why the other experts of this sector don’t notice this. You should continue your writing. I’m sure, you’ve a huge readers’ base already!
What’s Going down i am new to this, I stumbled upon this I’ve discovered It positively useful and it has aided me out loads. I am hoping to give a contribution & aid different users like its helped me. Great job.
Thanks a bunch for sharing this with all of us you really know what you are talking about! Bookmarked. Please also visit my site =). We could have a link exchange agreement between us!
It is indeed my belief that mesothelioma is definitely the most deadly cancer. It’s got unusual attributes. The more I look at it the greater I am confident it does not respond like a true solid tissue cancer. In the event mesothelioma is usually a rogue virus-like infection, in that case there is the possibility of developing a vaccine in addition to offering vaccination to asbestos exposed people who are open to high risk associated with developing long term asbestos connected malignancies. Thanks for sharing your ideas for this important health issue.
Hi there, I discovered your blog by the use of Google at the same time as looking for a similar matter, your site came up, it seems good. I have bookmarked it in my google bookmarks.
watch game of thrones online free
As a Newbie, I am always browsing online for articles that can help me. Thank you
Hey very cool web site!! Man .. Excellent .. Amazing .. I’ll bookmark your website and take the feeds also…I am happy to find numerous useful information here in the post, we need develop more strategies in this regard, thanks for sharing. . . . . .
hi!,I like your writing very much! share we communicate more about your article on AOL? I need a specialist in this area to solve my problem. May be that’s you! Having a look forward to look you.
I like this website so much, saved to my bookmarks. “Respect for the fragility and importance of an individual life is still the mark of an educated man.” by Norman Cousins.
Thanks for sharing superb informations. Your web-site is so cool. I am impressed by the details that you have on this blog. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched everywhere and simply could not come across. What an ideal website.
Praca Jako Opiekunka W Niemczech
I’ve learn a few excellent stuff here. Definitely value bookmarking for revisiting. I wonder how so much attempt you place to make such a excellent informative website.
Definitely, what a great website and instructive posts, I definitely will bookmark your website.Have an awsome day!
ball hard dj taydeville ft crime mob free
Very nice post. I just stumbled upon your weblog and wished to say that I have truly enjoyed surfing around your blog posts. After all I’ll be subscribing to your rss feed and I hope you write again very soon!
Hello! This is kind of off topic but I need some help from an established blog. Is it very 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 ideas or suggestions? Thank you
I have been absent for a while, but now I remember why I used to love this web site. Thank you, I’ll try and check back more frequently. How frequently you update your website?
Just beneath, are numerous absolutely not connected internet sites to ours, having said that, they’re certainly really worth going over.
I am not sure where you are getting your info, but great topic. I needs to spend some time learning much more or understanding more. Thanks for wonderful info I was looking for this info for my mission.
I was just searching for this information for a while. After six hours of continuous Googleing, finally I got it in your website. I wonder what’s the lack of Google strategy that don’t rank this type of informative sites in top of the list. Generally the top web sites are full of garbage.
custom alnico magnets
Thank you for every other great article. The place else could anyone get that type of information in such a perfect approach of writing? I’ve a presentation next week, and I am on the search for such info.
best blow job tips
we prefer to honor a lot of other web web sites on the internet, even if they arent linked to us, by linking to them. Below are some webpages really worth checking out
teton sports scout 3400 internal frame backpack
although web sites we backlink to beneath are considerably not connected to ours, we really feel they’re essentially really worth a go as a result of, so possess a look
I want to express some appreciation to you just for bailing me out of such a matter. Because of checking through the internet and finding tricks which are not productive, I thought my life was done. Living devoid of the strategies to the difficulties you have resolved all through the blog post is a critical case, and the ones that would have negatively damaged my entire career if I had not encountered your website. Your mastery and kindness in controlling the whole lot was invaluable. I don’t know what I would have done if I hadn’t discovered such a step like this. I’m able to at this time relish my future. Thanks for your time very much for your impressive and effective guide. I will not be reluctant to recommend your site to anyone who would like care on this situation.
Hey, you used to write magnificent, but the last few posts have been kinda boring… I miss your tremendous writings. Past several posts are just a little bit out of track! come on!
Familienfoto St. Gallen
Pozycjonowanie Stron Internetowych Gorzow
Very interesting subject, thanks for posting.
below you will uncover the link to some internet sites that we believe you should visit
Undeniably consider that which you said. Your favourite reason appeared to be at the net the easiest factor to take into account of. I say to you, I definitely get irked whilst other people think about worries that they just do not understand about. You controlled to hit the nail upon the top and also defined out the entire thing with no need side effect , other people could take a signal. Will likely be back to get more. Thanks
Great – I should certainly pronounce, impressed with your site. I had no trouble navigating through all 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 at all. 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.
pembesar alat vital alami
Hey! I could have sworn I’ve been to this blog before but after reading through some of the post I realized it’s new to me. Anyhow, I’m definitely delighted I found it and I’ll be bookmarking and checking back often!
Comments are closed.