Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 9, Uncategorized.
I’ve written many times about the significant costs a party can be exposed to for being on the losing end of a BC Supreme Court lawsuit. Reasons for judgement were released today further demonstrating this reality under the New BC Supreme Court Rules. In today’s case (Chen v. Beltran) the young Plaintiff entered an intersection […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released today demonstrating some of the real world consequences drivers with a learner’s licence could face if they are found to be in breach of their policy of insurance. In today’s case (King v. ICBC) the Plaintiff was involved in a 2007 BC motor vehicle collision. 4 vehicles were involved in […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 1, BCSC Civil Rule 14.
Reasons for judgement were released today by the BC Supreme Court, Kamloops Registry, finding that the new Civil Rules give the BC Supreme Court the power to award lump sum costs without the need for taxation. Madam Justice Adair held that this power was not available under the former rules absent party consent. In today’s […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
As I’ve previously written, the new formal settlement offer rule (Rule 9) reads almost identically to the former Rule 37B. Under the former rules BC Courts were reluctant to have formal settlement offers trigger costs consequences following trial where the offer was open for acceptance for a short period of time. Reasons for judgment […]
Written by admin on . Posted in Uncategorized.
As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been in the crash. The reason for this is quite simple, when a buyer is looking to purchase a vehicle, those that have previously been damaged and repaired […]
Written by admin on . Posted in Uncategorized.
Earlier this year I discussed some matters clients should consider prior to firing a personal injury lawyer who was hired on a contingency fee basis. What if you’ve hired a lawyer but never signed a fee agreement? What, if anything, would you owe your lawyer if you fire them in these circumstances? Reasons for judgement […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
A further decision dealing with the consequences of formal settlement offers under the New BC Supreme Court Civil Rules was released today by the BC Supreme Court, New Westminster Registry. In today’s case (Gregory v. ICBC) the Plaintiff was injured in a BC motor vehicle collision. Prior to trial ICBC made a formal settlement offer […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released today addressing whether a Defendant who beat a formal settlement offer should be awarded costs. In today’s case (Cue v. Breitkruez) the Plaintiff was involved in a rear-end collision. He sued the rear motorist for damages. Prior to trial the Defendant made a formal settlement offer for $1. With liability being hotly contested the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
When a party succeeds in a BC Supreme Court lawsuit the losing party usually has to pay the winner’s ‘costs and disbursements‘. Disbursements are the out of pocket expenses incurred in moving the lawsuit forward. (common disbursements include Court filing fees and the costs of medical reports). What if your case is complex and your […]
Written by admin on . Posted in Civil Procedure, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases, Uncategorized.
Special damages are out of pocket expenses incurred as a result of the intentional or negligent actions of others. In personal injury lawsuits the most common special damages relate to medical treatments such as physiotherapy, massage therapy, medications and similar expenses. When a Plaintiff pays their own special damages and succeeds at trial they are […]