More on ICBC Injury Claims and "Sufficient Reason" to Sue in Supreme Court
If a Plaintiff sues in Supreme Court but is awarded damages of $25,000 or less (the current financial limit of the BC Small Claims Court) the Plaintiff is not entitled to Costs unless they had “sufficient reason” for suing in the BC Supreme Court.
It is becoming reasonably well established that a Plaintiff has sufficient reason to sue in Supreme Court when the Defendant is insured with ICBC. The reason being that the Defendant will likely be represented by a lawyer paid for by ICBC whether the claim is filed in Small Claims Court or the Supreme Court. In these circumstances it is reasonable for a plaintiff to hire a lawyer to balance the playing field. Since the Supreme Court allows costs orders to offset some of the legal fees our Courts have held on a few recent occasions that this creates a ‘suffient reason’ for Plaintiff’s to bring modest claims to trial in the Supreme Court. Reasons for judgement were released today demonstrating this.
In today’s case (Zale v. Colwell) the Plaintiff was injured in a BC motor vehicle collision. She sued in the Supreme Court. At trial she was awarded just over $10,000 for injuries and losses. Mr. Justice Harvey went on to award the Plaintiff costs despite the fact that the Small Claims Court could have heard the case. The Court provided the following reasons:
 None of the factors identified in Spencer have application here. The matter was not factually complex; it proceeded by judge alone; liability was admitted, obviating the need for examination for discovery by the plaintiff; the defendant resided within the jurisdiction; and, the matter did not proceed by way of summary trial.
 As was noted in Spencer, the desire of the plaintiff to have counsel, alone, is not a sufficient reason, of itself, to depart from the underlying proposition stated in R. 57(10). In any event, the plaintiff was represented when the action was originally commenced in Provincial Court in 2006.
 Lastly, the plaintiff says costs should be awarded owing to the fact the defendant, in effect ICBC, is an institutional litigant with rigid policies in low velocity collision claims such as this.
 The defendant, while admitting liability, put the plaintiff to the strict proof of any damages whatsoever arising from the accident. That position did not change throughout the trial process. As in Spencer, I am left with the conclusion that but for the trial process, the plaintiff would be left without a remedy…
 In each of the above three decisions, the primary reason for awarding the plaintiff costs, in circumstances not unlike these facing the plaintiff here, was the consideration that given the need to retain counsel to battle an institutional defendant, a reasonable consideration in determining the forum is the matter of indemnity for the costs of counsel.
 Recognizing that the onus rests on the plaintiff to demonstrate sufficient reason to have raised the matter from Provincial Court to Supreme Court, I am not persuaded that the distinguishing factor noted by the defendant, that counsel was retained (albeit not the same counsel) for the Provincial Court proceeding, is sufficient to deprive the plaintiff of the costs of the proceeding under R. 66.
 I conclude that in the circumstances, it was ultimately reasonable for the plaintiff to make the decision to have the matter heard in Supreme Court.
 Accordingly, the plaintiff will have her costs pursuant to R. 66(29)(b).
I should point out that today’s case relied on BC Supreme Court Rule 57(10). This rule has now been repealed and replaced with Rule 14-1(10) which reads identically to Rule 57(10) so the precedents developed under Rule 57(10) regarding costs should continue to assist litigants under our new rules. I should also point out that the BC Court of Appeal is expected to address the issue of sufficient reason for suing in the BC Supreme Court and provide further clarity and certainty to this area of the law.
bc injury law, Rule 14-1(10), Rule 57(10), Sufficient Reason for suing in the BC Supreme Court, Zale v. Colwell
look at this site
I simply want to mention I am very new to weblog and honestly loved your web blog. Very likely I’m going to bookmark your blog post . You absolutely have excellent writings. Thank you for revealing your blog.
I am glad for commenting to let you be aware of of the impressive experience my cousin’s daughter enjoyed checking your site. She figured out many details, most notably what it’s like to have a marvelous coaching heart to let other people without difficulty thoroughly grasp several multifaceted topics. You undoubtedly did more than her expected results. Many thanks for offering the insightful, trustworthy, explanatory and even unique thoughts on that topic to Evelyn.
fotograf slubny Wadowice
One important thing is that if you find yourself searching for a student loan you may find that you’ll want a cosigner. There are many cases where this is true because you should find that you do not have a past credit ranking so the mortgage lender will require that you’ve someone cosign the financial loan for you. Interesting post.
Thanks for these pointers. One thing I should also believe is credit cards featuring a 0 interest rate often lure consumers along with zero rate of interest, instant endorsement and easy over-the-internet balance transfers, nevertheless beware of the most recognized factor that can void that 0 easy road annual percentage rate and as well as throw anybody out into the very poor house rapidly.
I like what you guys are up too. Such smart work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my website :).
hello!,I like your writing so much! share we communicate more about your article on AOL? I require an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.
Hey there just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Internet explorer. I’m not sure if this is a format issue or something to do with browser compatibility but I thought I’d post to let you know. The style and design look great though! Hope you get the problem resolved soon. Cheers
San Diego Startup
Excellent blog here! Also your web site loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my site loaded up as quickly as yours lol
agen poker online
I’m not sure why but this weblog is loading very 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.
Amazing! 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!
agen poker online
I wanted to jot down a simple word in order to express gratitude to you for some of the pleasant facts you are showing here. My time intensive internet search has now been recognized with high-quality facts and strategies to go over with my family members. I ‘d assert that many of us visitors are unequivocally blessed to exist in a perfect place with many outstanding individuals with insightful opinions. I feel truly grateful to have seen your entire webpages and look forward to many more fun times reading here. Thanks a lot once again for all the details.
agen poker online
What i do not realize is if truth be told how you are now not really a lot more neatly-favored than you may be right now. You are very intelligent. You recognize therefore significantly relating to this subject, produced me in my opinion imagine it from numerous numerous angles. Its like women and men aren’t involved except it’s one thing to do with Girl gaga! Your own stuffs great. Always take care of it up!
As a Newbie, I am always searching online for articles that can benefit me. Thank you
מצלמות אבטחה לבית
Can I just say what a reduction to search out somebody who truly is aware of what theyre talking about on the internet. You definitely know the right way to deliver a difficulty to light and make it important. More individuals need to learn this and perceive this aspect of the story. I cant imagine youre no more well-liked because you positively have the gift.
Can I just say what a reduction to seek out somebody who really knows what theyre speaking about on the internet. You undoubtedly know how to convey a difficulty to gentle and make it important. Extra people need to learn this and understand this facet of the story. I cant believe youre no more widespread because you undoubtedly have the gift.
Good blog! I really love how it is easy 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 have subscribed to your RSS which must do the trick! Have a nice day!
F*ckin’ tremendous issues here. I’m very satisfied to see your article. Thank you so much and i am looking ahead to touch you. Will you kindly drop me a mail?
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 don’t even know how I ended up here, but I thought this post was great. I do not know who you are but definitely you are going to a famous blogger if you are not already 😉 Cheers!
Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with some pics to drive the message home a little bit, but instead of that, this is wonderful blog. A fantastic read. I’ll certainly be back.
You actually make it appear really easy along with your presentation however I find this topic to be actually one thing which I think I might by no means understand. It sort of feels too complicated and very vast for me. I’m taking a look ahead for your subsequent put up, I will try to get the hang of it!
Definitely believe that which you said. Your favorite justification seemed 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 plainly do not know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people could take a signal. Will probably be back to get more. Thanks
As I website possessor I believe the content material here is rattling fantastic , appreciate it for your hard work. You should keep it up forever! Good Luck.
I view something really interesting about your weblog so I saved to fav.
It’s really a cool and useful piece of info. I am glad that you simply shared this helpful info with us. Please stay us up to date like this. Thank you for sharing.
As soon as I discovered this site I went on reddit to share some of the love with them.
Hey there are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any coding expertise to make your own blog? Any help would be really appreciated!
where to watch game of thrones
I was recommended this web site via my cousin. I am no longer positive whether this post is written by way of him as nobody else realize such exact approximately my difficulty. You’re amazing! Thank you!
Some genuinely good articles on this website, thank you for contribution. “My salad days, When I was green in judgment.” by William Shakespeare.
You could definitely see your enthusiasm within the work you write. The world hopes for even more passionate writers like you who are not afraid to say how they believe. All the time go after your heart.
Thanks for your helpful article. Other thing is that mesothelioma is generally caused by the inhalation of fibers from asbestos, which is a extremely dangerous material. It can be commonly seen among individuals in the building industry who’ve long contact with asbestos. It’s also caused by living in asbestos protected buildings for some time of time, Inherited genes plays an important role, and some individuals are more vulnerable on the risk compared to others.
I have learn several just right stuff here. Certainly price bookmarking for revisiting. I wonder how much effort you place to create this kind of magnificent informative web site.
Opieka Praca W Niemczech
It is in reality a nice and helpful piece of information. I am glad that you shared this helpful info with us. Please stay us up to date like this. Thanks for sharing.
Normally I don’t read post on blogs, however I wish to say that this write-up very compelled me to check out and do it! Your writing style has been surprised me. Thank you, quite great post.
As soon as I found this site I went on reddit to share some of the love with them.
Howdy I am so excited I found your site, I really found you by error, while I was browsing on Google for something else, Regardless I am here now and would just like to say thank you for a tremendous post and a all round entertaining blog (I also love the theme/design), I don’t have time to read through it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the awesome work.
Well I sincerely liked reading it. This article offered by you is very constructive for correct planning.
sorry mf dj taydeville ft lil jay from crime mob
I really like your writing style, fantastic information, thank you for posting :D. “He wrapped himself in quotations- as a beggar would enfold himself in the purple of Emperors.” by Rudyard Kipling.
You actually make it seem so easy with your presentation but I find this topic to be actually 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’ll try to get the hang of it!
Wow that was unusual. I just wrote an really long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say fantastic blog!
Hello just wanted to give you a quick heads up. The text in your article seem to be running off the screen in Safari. I’m not sure if this is a format issue or something to do with browser compatibility but I thought I’d post to let you know. The design look great though! Hope you get the problem fixed soon. Many thanks
I like the valuable info you supply to your articles. I will bookmark your weblog and check once more right here regularly. I’m rather certain I will learn lots of new stuff proper here! Best of luck for the following!
Strony Internetowe Gorzow Wielkopolski
Keep up the good piece of work, I read few content on this website and I think that your website is very interesting and holds bands of excellent information.
Sweet blog! I found it while surfing around on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it
Wow, amazing blog structure! How lengthy have you been blogging for? you make blogging glance easy. The total glance of your website is wonderful, let alone the content!
I enjoy the efforts you have put in this, appreciate it for all the great posts.
Comments are closed.