Challenging ICBC Surveillance Disbursements – Evidence of Necessity Required
If parties to a lawsuit can’t agree which disbursements were reasonably incurred they can ask the Court to decide the issue. As recently discussed, it is important for parties to bring appropriate evidence to Court to justify their disbursements. This was further addressed in reasons for judgement released today by the BC Supreme Court, New Westminster Registry.
In today’s case (Hambrook v. Sandhu) the Plaintiff was injured in a 2004 BC motor vehicle collision. In the course of the lawsuit ICBC made a formal offer to settle the claim for $75,000. About 16 months later the Plaintiff accepted the offer. The formal offer had a declining value reducing its amount by ICBC’s ‘costs and disbursements‘ incurred following the delivery of the offer.
After the offer was accpeted ICBC produced a bill of costs totalling almost $28,000. Once of the biggest disbursements included in this total were the accounts of a private investigator who was retained to conduct video surveillance of the Plaintiff. These accounts totalled almost $20,000.
The Plaintiff argued that ICBC’s disbursements were unreasoble. Eventually the BC Supreme Court was asked to decide the issue. Master Keighley sided largely with the Plaintiff and reduced ICBC’s account to just over $6,000. In doing so the Court provided the following reasons refusing the disbursements related to the private investigator and addressing the need for parties to come to Court with adequate evidence:
 As a general proposition, the party claiming reimbursement for sums expended in the course of litigation bears the burden of establishing the reasonableness of the charges claimed.
 I have suffered, on this assessment, from a paucity of evidence offered by the defendants in support of the disbursement claims. With respect to the Lanki Investigations Inc. invoices I have no evidence before me as to the necessity for or results of these investigations. I am told by counsel that the investigations, which consisted largely of video surveillance, were instrumental in resolving this claim. I have no evidence as to this effect, however, only records of the amount of time spent by various individuals. I note that the surveillance took place after the delivery of the offer to settle and in the last two weeks prior to trial. Mr. Smith says that the surveillance materials were of little value and that the case settled when it did because of a clarification in the law of costs and a change in his client’s employment. The former, he says, meant that his client would potentially net more money as a result of accepting the offer than he had previously anticipated, and the second meant a substantial limitation of his claim for loss of future earnings. These details are confirmed to some extent by the plaintiff’s affidavit of February 6, 2009. In the circumstances, while I am not prepared to say that the defendants’ expenses for surveillance were entirely unreasonable, I am compelled by the tariff item and the case law to allow them only if settlement was achieved as a result of the services provided. In the absence of any evidence from the defendants on this point, I cannot do so. The Lanki accounts are disallowed.
bc injury law, disbursements, Hambrook v. Sandhu, Master Keighley, surveillance, video surveillance
I simply want to mention I am just beginner to weblog and honestly loved this page. Likely I’m likely to bookmark your blog post . You definitely have tremendous articles. Many thanks for sharing with us your web page.
As a Newbie, I am constantly searching online for articles that can aid me. Thank you
Thanks for any other magnificent article. The place else may anybody get that kind of info in such an ideal means of writing? I have a presentation subsequent week, and I’m at the look for such info.
I have been reading out some of your posts and it’s pretty nice stuff. I will definitely bookmark your website.
marcel van hooijdonk
I’d should check with you here. Which isn’t one thing I often do! I get pleasure from studying a post that can make people think. Also, thanks for allowing me to remark!
You could certainly see your skills in the work you write. The world hopes for more passionate writers like you who aren’t afraid to say how they believe. Always go after your heart.
situs poker online
What’s Going down i am new to this, I stumbled upon this I have discovered It absolutely helpful and it has aided me out loads. I’m hoping to contribute & help other users like its helped me. Good job.
situs poker online
Together with almost everything that seems to be building throughout this specific subject matter, all your perspectives happen to be relatively exciting. However, I beg your pardon, because I do not subscribe to your entire theory, all be it radical none the less. It would seem to everyone that your comments are not totally rationalized and in actuality you are generally your self not completely convinced of your point. In any event I did take pleasure in reading through it.
I got what you mean , thanks for posting .Woh I am thankful to find this website through google. “Spare no expense to make everything as economical as possible.” by Samuel Goldwyn.
agen poker online
Hmm is anyone else experiencing problems with the images on this blog loading? I’m trying to find out if its a problem on my end or if it’s the blog. Any feedback would be greatly appreciated.
מצלמות אבטחה לבית
I’m typically to blogging and i actually respect your content. The article has really peaks my interest. I’m going to bookmark your website and keep checking for brand spanking new information.
situs poker online
Normally I don’t read article on blogs, but I wish to say that this write-up very forced me to try and do so! Your writing style has been amazed me. Thanks, quite nice post.
Thanks for every other magnificent article. Where else may anybody get that type of info in such an ideal means of writing? I have a presentation subsequent week, and I’m on the search for such info.
I just like the valuable info you provide for your articles. I will bookmark your blog and test once more right here regularly. I am somewhat certain I’ll learn a lot of new stuff right here! Best of luck for the following!
There’s noticeably a bundle to learn about this. I assume you made certain nice points in options also.
whoah this blog is excellent i love reading your posts. Keep up the good work! You know, many people are searching around for this information, you can help them greatly.
затворы sung do
Please let me know if you’re looking for a article author for your site. You have some really good articles and I think I would be a good asset. If you ever want to take some of the load off, I’d really like to write some material for your blog in exchange for a link back to mine. Please send me an e-mail if interested. Kudos!
Onine Marketing Manager Wien
Online Marketing Wien
Great write-up, I am normal visitor of one¡¦s website, maintain up the excellent operate, and It is going to be a regular visitor for a long time.
Good site! I truly 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 have subscribed to your RSS feed which must do the trick! Have a great day!
Can I just say what a reduction to seek out somebody who really is aware of what theyre speaking about on the internet. You positively know the way to deliver a difficulty to mild and make it important. More individuals need to learn this and understand this facet of the story. I cant imagine youre no more widespread since you positively have the gift.
I precisely wished to thank you very much all over again. I am not sure what I would have worked on without the actual advice shown by you on such a theme. It became a horrifying issue for me, nevertheless discovering a well-written way you processed that made me to weep for fulfillment. Extremely grateful for this assistance and then wish you comprehend what an amazing job you were providing instructing other individuals thru your web site. I know that you have never come across all of us.
lifeguard classes near me
I found your blog web site on google and examine a few of your early posts. Proceed to keep up the very good operate. I just additional up your RSS feed to my MSN Information Reader. Seeking forward to studying extra from you later on!…
Generally I do not read post on blogs, but I wish to say that this write-up very forced me to try and do it! Your writing style has been amazed me. Thanks, very nice article.
Heya i am for the first time here. I found this board and I find It truly useful & it helped me out a lot. I hope to give something back and aid others like you aided me.
Wow! This could be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Great. I’m also an expert in this topic therefore I can understand your hard work.
I used to be recommended this website via my cousin. I’m not positive whether this put up is written by way of him as nobody else recognise such targeted about my trouble. You are amazing! Thank you!
Pretty nice post. I just stumbled upon your weblog and wanted to say that I have really enjoyed browsing your blog posts. In any case I will be subscribing to your feed and I hope you write again very soon!
websites to watch game of thrones free
The very heart of your writing whilst sounding agreeable initially, did not work properly with me after some time. Someplace throughout the sentences you were able to make me a believer but just for a while. I however have a problem with your leaps in assumptions and you might do well to help fill in all those breaks. In the event that you can accomplish that, I will certainly be amazed.
I truly appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You’ve made my day! Thx again!
Thanks for every other informative blog. The place else may I am getting that type of info written in such an ideal approach? I have a undertaking that I’m simply now working on, and I have been at the glance out for such information.
F*ckin’ tremendous issues here. I am very satisfied to peer your post. Thanks a lot and i’m having a look ahead to touch you. Will you please drop me a mail?
Opieka Osob Starszych W Niemczech
Very interesting topic, regards for posting.
Great post. I used to be checking constantly this weblog and I am inspired! Very useful information specially the ultimate section 🙂 I handle such information a lot. I used to be looking for this certain information for a very lengthy time. Thank you and best of luck.
whoah this weblog is magnificent i really like reading your posts. Stay up the great paintings! You recognize, lots of persons are searching round for this info, you could help them greatly.
SORRY MF DJ TAYDEVILLE FT LIL JAY FROM CRIME MOB
you are actually a just right webmaster. The website loading pace is amazing. It kind of feels that you’re doing any distinctive trick. Also, The contents are masterpiece. you’ve performed a fantastic task on this matter!
custom smco magnets
I have seen many useful factors on your web site about pc’s. However, I’ve got the view that netbooks are still not quite powerful adequately to be a option if you often do things that require plenty of power, like video croping and editing. But for world wide web surfing, word processing, and the majority of other prevalent computer functions they are just great, provided you do not mind the little screen size. Many thanks sharing your notions.
I will immediately grasp your rss as I can’t to find your e-mail subscription link or e-newsletter service. Do you’ve any? Kindly permit me know so that I may subscribe. Thanks.
Undeniably believe that which you stated. Your favorite justification appeared to be on the net the easiest thing to be aware of. I say to you, I definitely get irked while people think about worries that they just don’t know about. You managed to hit the nail upon the top and also defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks
I do agree with all of the ideas you’ve presented in your post. They are very convincing and will definitely work. Still, the posts are very short for beginners. Could you please extend them a little from next time? Thanks for the post.
Seo Google Gorzow
Good day very cool web site!! Guy .. Excellent .. Superb .. I will bookmark your blog and take the feeds additionally…I’m happy to search out numerous useful information here in the publish, we need develop more techniques in this regard, thank you for sharing.
Familienfoto St. Gallen
Good day I am so happy I found your webpage, I really found you by mistake, while I was browsing on Digg for something else, Regardless I am here now and would just like to say thank you for a fantastic post and a all round thrilling blog (I also love the theme/design), I don’t have time to read through it all at the moment 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 excellent job.
Thanks for sharing excellent informations. Your website 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 web page, will come back for more articles. You, my friend, ROCK! I found simply the info I already searched all over the place and simply couldn’t come across. What a great website.
obat kuat alami
I needed to send you a little bit of word to finally thank you very much over again for all the striking tricks you have provided on this page. This has been really surprisingly generous with people like you to convey without restraint just what a number of people could have advertised as an e-book to end up making some money for themselves, primarily since you could have done it in case you considered necessary. These tips as well served like a good way to know that other individuals have a similar keenness really like my personal own to know the truth a lot more pertaining to this issue. I think there are a lot more pleasant sessions in the future for many who examine your site.
It’s exhausting to search out educated people on this matter, but you sound like you already know what you’re speaking about! Thanks
Comments are closed.