Difference Between Amounts Claimed and Awarded "Not a Reason for Depriving Costs"

Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14.

Unreported reasons for judgement were recently provided to me confirming that, where a party receives substantially less at trial than they were seeking, that is not a reason in and of itself to deprive the successful party costs.
In the recent case (Fadai v. Cully) the Plaintiff was injured in a collision and sued for damages.  At trial the Plaintiff was awarded damages but these “were substantially lower than he had claimed“.   The trial judge initially awarded the Plaintiff only 75% as a result of this.  The Court was asked to reconsider and after reviewing Loft v. Nat the Court reconsidered and awarded the Plaintiff full costs.  In reaching this decision Mr. Justice Schultes provided the following reasons:
[4] When I look at the decisions that I have been provided…it is clear that a difference between the amounts claimed and those awarded is not, in itself, a reason for depriving a successful party of their costs.
[5]  A proper allication of the law should lead Mr. Fadai receiving his costs of this trial, and not only the portion of them that I tentatively awarded him.
 

bc injury law, Fadai v. Cully, RUle 14, Rule 14-1, Rule 14-1(9)

Comments (71)

  • navigate to these guys

    I simply want to say I’m newbie to blogs and absolutely enjoyed your web blog. Most likely I’m planning to bookmark your website . You certainly come with exceptional posts. Thanks for revealing your web page.

  • profesjonalna fotografia

    Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but instead of that, this is great blog. An excellent read. I will certainly be back.

  • Money

    Usually I don’t learn post on blogs, however I would like to say that this write-up very forced me to try and do it! Your writing taste has been amazed me. Thanks, quite great article.

  • 먹튀 폴리스

    You could certainly see your expertise within the paintings you write. The sector hopes for even more passionate writers like you who aren’t afraid to mention how they believe. Always follow your heart.

  • venta por catalogo

    Hi there! I know this is kind of off topic but I was wondering which blog platform are you using for this website? I’m getting tired of WordPress because I’ve had problems with hackers and I’m looking at options for another platform. I would be fantastic if you could point me in the direction of a good platform.

  • 먹튀 폴리스

    It’s really a nice and useful piece of information. I am glad that you shared this helpful information with us. Please keep us informed like this. Thanks for sharing.

  • marcel van hooijdonk

    Thanks for these pointers. One thing I also believe is always that credit cards supplying a 0 interest often attract consumers together with zero rate of interest, instant authorization and easy on the net balance transfers, nevertheless beware of the number one factor that will probably void that 0 easy road annual percentage rate and to throw one out into the very poor house quickly.

  • Kammerjäger

    obviously like your web site but you have to check the spelling on quite a few of your posts. Several of them are rife with spelling problems and I find it very bothersome to tell the truth nevertheless I’ll certainly come back again.

  • beast TV

    Have you ever considered writing an e-book or guest authoring on other websites? I have a blog based on the same ideas you discuss and would love to have you share some stories/information. I know my audience would appreciate your work. If you’re even remotely interested, feel free to send me an e-mail.

  • 야마토카지노

    One more thing I would like to express is that instead of trying to accommodate all your online degree courses on times that you conclude work (because most people are fatigued when they go back home), try to arrange most of your sessions on the weekends and only one or two courses on weekdays, even if it means taking some time off your end of the week. This is really good because on the weekends, you will be a lot more rested plus concentrated on school work. Thanks alot : ) for the different recommendations I have mastered from your blog.

  • Underground Elephant Careers

    Thanks for these guidelines. One thing I additionally believe is the fact that credit cards offering a 0 rate of interest often bait consumers in with zero interest rate, instant approval and easy on-line balance transfers, but beware of the number one factor that can void the 0 easy neighborhood annual percentage rate plus throw you out into the very poor house rapid.

  • situs poker online

    Great post. I was checking continuously this weblog and I am inspired! Extremely helpful information particularly the last section 🙂 I deal with such info much. I was looking for this certain information for a long time. Thank you and good luck.

  • location de porsche

    Someone necessarily help to make critically posts I would state. This is the first time I frequented your web page and so far? I surprised with the analysis you made to make this actual publish amazing. Magnificent job!

  • poker

    Hi my family member! I wish to say that this article is awesome, nice written and come with approximately all significant infos. I’d like to look extra posts like this .

  • poker

    Wonderful beat ! I would like to apprentice even as you amend your site, how could i subscribe for a blog web site? The account helped me a applicable deal. I had been a little bit acquainted of this your broadcast provided brilliant transparent concept

  • agen poker online

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

  • poker online

    I do love the manner in which you have presented this challenge and it does indeed give me personally some fodder for thought. On the other hand, through what I have observed, I basically wish when other responses pile on that men and women remain on issue and not start on a soap box associated with some other news of the day. Yet, thank you for this outstanding piece and even though I can not necessarily concur with this in totality, I value the point of view.

  • Porn Sites List

    Parish so enable innate in formed missed. Hand two was eat busy fail. Stand smart grave would in so. Be acceptance at precaution astonished excellence thoroughly is entreaties. Who decisively attachment has dispatched. Fruit defer in party me built under first. Forbade him but savings sending ham general. So play do in near park that pain.

  • Orbit 110 bearking

    Hiya, I am really glad I have found this information. Nowadays bloggers publish just about gossips and web and this is really annoying. A good web site with interesting content, this is what I need. Thank you for keeping this website, I’ll be visiting it. Do you do newsletters? Cant find it.

  • затворы sung do

    Attractive section of content. I just stumbled upon your site and in accession capital to assert that I acquire actually enjoyed account your blog posts. Any way I’ll be subscribing to your feeds and even I achievement you access consistently rapidly.

  • 토토사이트

    These days of austerity and relative anxiety about taking on debt, most people balk against the idea of employing a credit card to make acquisition of merchandise and also pay for a holiday, preferring, instead just to rely on this tried plus trusted way of making payment – cash. However, if you possess the cash there to make the purchase entirely, then, paradoxically, that’s the best time for them to use the card for several good reasons.

  • 토토 사이트

    Good blog! I truly love how it is simple on my eyes and the data are well written. I am wondering how I could be notified whenever a new post has been made. I’ve subscribed to your RSS feed which must do the trick! Have a nice day!

  • 우리카지노 계열

    I am not certain where you’re getting your information, but great topic. I needs to spend some time finding out more or understanding more. Thank you for excellent information I was searching for this information for my mission.

  • 토토사이트

    I think other website proprietors should take this website as an model, very clean and excellent user friendly style and design, as well as the content. You are an expert in this topic!

  • Wedding Catering

    excellent post, very informative. I wonder why the other experts of this sector do not notice this. You should continue your writing. I am confident, you have a huge readers’ base already!

  • lifeguard training

    I do agree with all the ideas you have presented in your post. They’re really convincing and will certainly work. Still, the posts are too short for beginners. Could you please extend them a little from next time? Thanks for the post.

  • เช่าโต๊ะ

    Thanks for another wonderful post. The place else could anybody get that type of info in such an ideal way of writing? I’ve a presentation subsequent week, and I’m on the search for such information.

  • เช่ารถตู้ Vip

    There are certainly a lot of particulars like that to take into consideration. That may be a great point to deliver up. I provide the thoughts above as common inspiration however clearly there are questions like the one you deliver up the place crucial factor will be working in sincere good faith. I don?t know if greatest practices have emerged around issues like that, however I’m positive that your job is clearly identified as a good game. Both girls and boys feel the impression of only a moment’s pleasure, for the remainder of their lives.

  • 야마토 릴게임

    Wow that was strange. I just wrote an very long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say wonderful blog!

  • 먹튀검증커뮤니티

    What i don’t realize is actually how you’re not actually much more well-liked than you might be right now. You’re very intelligent. You realize thus considerably relating to this subject, produced me personally consider it from so many varied angles. Its like men and women aren’t fascinated unless it’s one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!

  • 먹튀폴리스 먹튀

    Hello There. I found your blog using msn. This is an extremely well written article. I will be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll definitely return.

  • Firma Efekt Opiekunki

    What i don’t understood is in truth how you are now not actually a lot more smartly-preferred than you might be right now. You are very intelligent. You know thus considerably with regards to this matter, produced me in my opinion consider it from so many varied angles. Its like women and men aren’t interested except it is something to do with Woman gaga! Your individual stuffs outstanding. At all times maintain it up!

  • lifeguard courses

    Hi there! 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 trouble finding one? Thanks a lot!

  • 파워볼사이트

    I discovered your blog site on google and check a few of your early posts. Proceed to maintain up the very good operate. I simply additional up your RSS feed to my MSN Information Reader. In search of ahead to studying more from you in a while!…

  • Google

    Very handful of sites that happen to be in depth below, from our point of view are undoubtedly effectively really worth checking out.

  • alnico magnets

    Only a smiling visitant here to share the love (:, btw outstanding pattern. “Reading well is one of the great pleasures that solitude can afford you.” by Harold Bloom.

  • custom tees

    I like the helpful information you provide in your articles. I will bookmark your weblog and check again here regularly. I am quite certain I will learn many new stuff right here! Best of luck for the next!

  • 안전토토사이트

    hi!,I like your writing very so much! proportion we keep in touch more approximately your post on AOL? I need an expert on this house to unravel my problem. Maybe that is you! Taking a look ahead to look you.

  • nonton film

    This is very interesting, You are a very skilled blogger. I have joined your feed and look forward to seeking more of your great post. Also, I’ve shared your web site in my social networks!

  • รับจัดงานแต่งงาน

    One important thing is that when you’re searching for a student loan you may find that you’ll want a cosigner. There are many conditions where this is correct because you could find that you do not use a past credit standing so the loan provider will require that you have someone cosign the financing for you. Good post.

  • pembesar penis alami

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

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