Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 15.
Useful reasons for judgement were released today by the BC Supreme Court, Chilliwack Registry, addressing costs consequences when fast track cases settle prior to the first day of trial. In short the Court held that the rules operate to fix lump sum costs of $6,500 in these circumstances. In today’s case (Gill v. Widjaja) the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 9, Uncategorized.
How can a Plaintiff who is awarded damages following a personal injury trial end up owing ICBC money? The answer relates to the costs consequences that can be triggered by formal settlement offers. I’ve discussed this topic previously and two sets of reasons for judgement were released this week by the BC Supreme Court further demonstrating this […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Earlier this year the BC Court of Appeal provided much needed clarity to the factors Courts can consider when deciding whether a Plaintiff has sufficient reasons to sue in the Supreme Court when considering costs consequences following trial. Reasons for judgement were released today by the BC Court of Appeal further addressing this topic […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Rule 14-1(9) of the BC Supreme Court Rules typically requires a losing party to pay costs to a successful party unless the Court “otherwise orders“. Useful reasons for judgement were released last week by the BC Supreme Court discussing this Rule and the legal principles in play when a Court should deviate from the default […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
(Update February 9, 2012 – the below decision is under appeal with the BCCA granting leave to appeal on February 9, 2012) Last year highly publicized reasons for judgement were released assessing damages at $5.9 million for a lawyer who sustained a traumatic brain injury during a dance floor incident. Despite the headline making award, only […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 9, Uncategorized.
Interesting reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, discussing the ‘flexibility‘ that the New Rules of Court give Judges in making costs awards following trials where formal settlement offers were made. In today’s case (Cairns v. Gill) the Plaintiff brought an ‘exaggerated’ personal injury claim to trial […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Welcome reasons for judgement were released today by the BC Court of Appeal addressing when a Plaintiff has ‘sufficient reason‘ for suing in the BC Supreme Court. In short the top BC Court ruled that trial judges can look beyond the value of a claim when addressing this topic. This issue is important because generally […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 15, Uncategorized.
(Note: The case discussed below was upheld on appeal in July, 2011 by Madam Justice Ker) As previously discussed, Rule 15 is the new BC Fast Track Litigation Rule and it is mandatory for cases for damages seeking less than $100,000 and for cases that “can be completed within 3 days“. Rule 15-1(15) generally limits costs awards […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Authorities under the formal Rule 37B held that when a formal settlement offer dealing with costs consequences was accepted the BC Supreme Court had no discretion to make a different order with respect to costs. The first case I’m aware of dealing with this issue under the New Rules was released today. The Court upheld […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
As recently discussed, when a party is on the losing end of a lawsuit in the BC Supreme Court they usually have to pay the winning sides costs. If the successful party beat a pre-trial formal settlement offer the Court has the discretion of awarding double costs. Reasons for judgement were released this week considering […]