ICBC Asks Court of Appeal to Address "Costs" Awards In Cases Worth Under $25,000

I’ve written many times about the fact that the BC Supreme Court Rules give trial judges a discretion to award a successful plaintiff Court Costs even if the amount awarded falls in the Small Claims Court’s Jurisdiction.
Two recent cases were released today by the BC Court of Appeal demonstrating that ICBC is interested in having the circumstances in which these awards are made limited.
In the first case (Morales v. Neilson) the Plaintiff was injured in a BC Car Crash and sued for damages.  At trial he was awarded just over $12,000.  The trial judge went on to award the Plaintiff costs despite the fact that the judgement was for an amount within the small claims courts financial jurisdiction.  ICBC asked permission to appeal but this was refused with the BC High Court holding that the Judge appropriately applied the test for discretionary costs.
The second case, however, had the BC Court of Appeal more interested.  In this case (Gradek v. DaimlerChyrster Financial Services Canada Inc.) the trial judge awarded a Plaintiff under $10,000 in total compensation as a result of a BC collision.  The Court went on to award the Plaintiff costs.  (You can click here to read my summary of the trial decision regarding costs).  ICBC asked the Court of Appeal to intervene arguing that the trial judge was wrong in considering the ‘procedural advantages‘ available in the BCSC as factors which give a plaintiff ‘sufficient reason‘ to sue in that Court when the case is worth clearly less than $25,000.  The Court of Appeal agreed to hear the case noting that this is an important issue for ICBC. Specifically the BC High Court held as follows:

[7] The issue on which the appeal is sought to be brought is a pure issue of law. It is one of statutory construction, the question being the meaning of the words “sufficient reason” in the context of Rule 57(10). The language of Rule 57(10) does not, on its face, limit “sufficient reason” to a consideration of the anticipated quantum of damages.  Even so, while I would not describe the appellant’s case as a very strong one, it does seem to me that it is arguable that “sufficient reason” contemplates jurisdictional questions (particularly the quantum of damages), and not procedural advantages.  In my view, there is sufficient merit in the appeal to warrant a hearing before a division of the Court.

[8] The issue of how the Supreme Court is to determine whether a matter is brought in that court for “sufficient reason” is a matter of general importance in litigation, particularly given that the monetary limit for Small Claims Court has expanded to $25,000. There will now be a sizable number of cases that fall below the Small Claims limit.

[9] The case is of significance to the defendant in this matter; from a practical standpoint, it is an institutional defendant involved in many cases. The case is, however, of limited significance to the plaintiff.  While the costs award is a significant proportion of the entire award received by the plaintiff, the costs of defending the appeal may significantly exceed the amount in issue.

[10] This concern is mitigated, however, by the fact that the appellant is prepared to abide by an order that it will pay the respondent’s costs on Scale 1 in any event of the appeal (it is acknowledged that the respondent would be free to argue before the Court that a higher level indemnity should be awarded).

[11] In the circumstances, I am satisfied that leave ought to be grant and that a division of the Court should hear this matter. Leave is granted. The appellant will be responsible for the respondent’s costs in any event of the appeal.

I will be sure to write about the BC Court of Appeals decision in this case once it is released.

court costs, Gradek v. DaimlerChrystler Financial Services Canada In, Morales v. Neilson, Rule 57(10), Sufficient Reason for Suing in the Supreme Court

Comments (68)

  • I simply want to say I am all new to weblog and certainly savored you’re web page. More than likely I’m likely to bookmark your blog . You actually come with perfect articles and reviews. Many thanks for sharing your web site.

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

  • I have not checked in here for a while as I thought it was getting boring, but the last several posts are good quality so I guess I¡¦ll add you back to my everyday bloglist. You deserve it my friend 🙂

  • Hello there, You’ve done an incredible job. I will definitely digg it and personally recommend to my friends. I am sure they’ll be benefited from this web site.

  • hello there and thank you in your information – I have definitely picked up anything new from right here. I did on the other hand expertise a few technical points the use of this site, since I skilled to reload the website many instances prior to I may just get it to load properly. I were wondering if your hosting is OK? Not that I’m complaining, however sluggish loading instances times will sometimes affect your placement in google and could harm your quality ranking if ads and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot extra of your respective fascinating content. Make sure you update this again soon..

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

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

  • Have you ever thought about including a little bit more than just your articles? I mean, what you say is valuable and everything. Nevertheless think about if you added some great graphics or videos to give your posts more, “pop”! Your content is excellent but with pics and video clips, this website could definitely be one of the best in its field. Wonderful blog!

  • Heya i am for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you aided me.

  • I simply could not leave your web site before suggesting that I actually enjoyed the standard information an individual provide to your visitors? Is gonna be back incessantly in order to check up on new posts.

  • I do not even understand how I ended up here, however I believed this post used to be great. I do not recognise who you’re however certainly you’re going to a well-known blogger if you happen to are not already 😉 Cheers!

  • Excellent post. I used to be checking continuously this weblog and I am impressed! Extremely helpful information specially the closing part 🙂 I maintain such info much. I used to be seeking this certain info for a long time. Thanks and good luck.

  • After research a few of the weblog posts on your web site now, and I actually like your way of blogging. I bookmarked it to my bookmark web site checklist and will probably be checking back soon. Pls check out my website online as effectively and let me know what you think.

  • Is education residence conveying so so. Suppose shyness say ten behaved morning had. Any unsatiable assistance compliment occasional too reasonably advantages. Unpleasing has ask acceptance partiality alteration understood two. Worth no tiled my at house added. Married he hearing am it totally removal. Remove but suffer wanted his lively length. Moonlight two applauded conveying end direction old principle but. Are expenses distance weddings perceive strongly who age domestic.

  • Thanks for another excellent post. Where else could anyone get that type of information in such an ideal way of writing? I’ve a presentation next week, and I am on the look for such information.

  • Nice blog here! Also your site loads up very fast! What host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol

  • Usually I don’t read post on blogs, however I wish to say that this write-up very forced me to check out and do it! Your writing taste has been surprised me. Thank you, very great article.

  • One thing is that when you find yourself searching for a student loan you may find that you’ll need a co-signer. There are many scenarios where this is true because you might find that you do not use a past credit ranking so the loan company will require that you’ve got someone cosign the loan for you. Interesting post.

  • Good blog! I really love how it is easy on my eyes and the data are well written. I’m wondering how I could be notified when a new post has been made. I’ve subscribed to your RSS which must do the trick! Have a great day!

  • Undeniably believe that which you said. Your favorite reason appeared to be on the internet the easiest thing to be aware of. I say to you, I definitely get irked while people think about worries that they just do not know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people can take a signal. Will probably be back to get more. Thanks

  • I discovered your weblog website on google and verify a couple of of your early posts. Proceed to maintain up the excellent operate. I just additional up your RSS feed to my MSN News Reader. In search of ahead to studying extra from you afterward!…

  • Definitely believe that which you stated. Your favourite justification appeared to be on the internet the simplest factor to understand of. I say to you, I definitely get annoyed at the same time as other people consider concerns that they just do not understand about. You controlled to hit the nail upon the top and also outlined out the whole thing without having side effect , people could take a signal. Will likely be again to get more. Thank you

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

  • Hello there, simply become aware of your blog through Google, and located that it’s truly informative. I’m gonna watch out for brussels. I’ll be grateful when you continue this in future. A lot of folks can be benefited out of your writing. Cheers!

  • I like the valuable information you provide in your articles. I’ll bookmark your blog and check again here frequently. I’m quite sure I will learn many new stuff right here! Best of luck for the next!

  • You can certainly see your expertise within the work you write. The arena hopes for more passionate writers like you who aren’t afraid to mention how they believe. At all times go after your heart. “Until you walk a mile in another man’s moccasins you can’t imagine the smell.” by Robert Byrne.

  • Howdy! Would you mind if I share your blog with my facebook group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Many thanks

  • Someone essentially lend a hand to make critically articles I might state. That is the first time I frequented your website page and up to now? I amazed with the research you made to create this particular submit amazing. Magnificent process!

  • Great blog you have here but I was curious about if you knew of any community forums that cover the same topics talked about here? I’d really like to be a part of online community where I can get feedback from other experienced people that share the same interest. If you have any suggestions, please let me know. Bless you!

  • When I initially commented I clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the identical comment. Is there any means you’ll be able to take away me from that service? Thanks!

  • I’m not sure why but this website is loading extremely slow for me. Is anyone else having this issue or is it a issue on my end? I’ll check back later on and see if the problem still exists.

  • Hey very cool website!! Man .. Beautiful .. Amazing .. I’ll bookmark your website and take the feeds also…I am happy to find a lot of useful info here in the post, we need work out more strategies in this regard, thanks for sharing. . . . . .

  • hello there and thank you for your info – I’ve certainly picked up something new from right here. I did however expertise several technical points using this web site, since I experienced to reload the web site many times previous to I could get it to load correctly. I had been wondering if your web host is OK? Not that I am complaining, but sluggish loading instances times will very frequently affect your placement in google and could damage your quality score if ads and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective fascinating content. Make sure you update this again very soon..

  • Wonderful story, reckoned we could combine some unrelated data, nonetheless definitely worth taking a appear, whoa did 1 learn about Mid East has got extra problerms too.

  • fantastic submit, very informative. I wonder why the opposite experts of this sector do not notice this. You should continue your writing. I am sure, you have a huge readers’ base already!

  • Thanks for the ideas shared using your blog. One more thing I would like to mention is that weight-loss is not all about going on a fad diet and trying to get rid of as much weight as possible in a couple of weeks. The most effective way to lose weight is by taking it slowly and following some basic guidelines which can provide help to make the most out of your attempt to slim down. You may be aware and already be following most of these tips, nevertheless reinforcing expertise never hurts.

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

  • That is the precise weblog for anyone who needs to find out about this topic. You understand a lot its almost laborious to argue with you (not that I actually would need…HaHa). You positively put a new spin on a topic thats been written about for years. Nice stuff, just nice!

  • Just beneath, are numerous entirely not related internet sites to ours, nonetheless, they may be certainly really worth going over.

  • I’ve learn several excellent stuff here. Certainly worth bookmarking for revisiting. I surprise how so much effort you put to create any such great informative site.

  • I do accept as true with all the ideas you have offered to your post. They’re very convincing and can certainly work. Nonetheless, the posts are too brief for beginners. May just you please prolong them a little from subsequent time? Thanks for the post.

  • Thanks for expressing your ideas. I might also like to mention that video games have been ever before evolving. Modern technology and enhancements have served create practical and active games. All these entertainment games were not that sensible when the concept was first being tried out. Just like other designs of technological know-how, video games also have had to progress by way of many generations. This is testimony for the fast growth and development of video games.

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

  • My husband and i have been so joyful John managed to carry out his studies through your ideas he gained through the web pages. It’s not at all simplistic just to possibly be handing out tactics which usually the others may have been making money from. Therefore we know we now have the website owner to appreciate for that. The type of illustrations you’ve made, the easy site navigation, the relationships you will help to foster – it is mostly unbelievable, and it’s making our son in addition to us imagine that the concept is exciting, which is certainly exceptionally fundamental. Many thanks for the whole thing!

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