Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
When Plaintiffs have their injury claim dismissed in the BC Supreme Court, not only do they get nothing to compensate them for their injuries, they actually end up having to pay the Defendant money. How can this be? The reason is something called “costs“. Generally speaking, the loser has to pay the winner’s Court costs […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
While Rule 37B is still being shaped in its application one pattern that is relatively well established is that if a Plaintiff is awarded less at trial than ICBC’s formal settlement offer the Plaintiff will likely be deprived of their trial costs and be ordered to pay a portion of the Defendant’s costs. Reasons for judgement […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Settlement Law, Uncategorized.
Further to my previous posts on this topic, if a Plaintiff successfully sues in the BC Supreme Court but receives damages below $25,000 they may be deprived of their court ‘costs’ unless they had ‘sufficient reason’ for choosing the Supreme Court over small claims court. Two judgements were released this week by the BC Supreme […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
As I’ve previously written, when a person wins in a lawsuit in the BC Supreme Court they are usually entitled to ‘costs‘. The normal amount of costs a successful litigant is entitled to are set out in a tariff as an appendix to the Rules of Court (appendix B). However, in fast track trials, the […]
Written by admin on . Posted in Settlement Law, Uncategorized.
In my continued efforts to write about the development of Rule 37B (the rule that deals with costs consequences after a party beats a formal settlement offer at trial) two cases were released this week further interpreting this rule. The first case (Ostiguy v. Hui) the Plaintiff was injured in a 2003 BC car crash. She ultimately […]
Written by admin on . Posted in Civil Procedure, Settlement Law, Uncategorized.
One principle that is becoming well defined with respect to Rule 37B is that settlement offers made on the eve of trial may not trigger any costs consequences. Reasons for judgement were released today demonstrating this. In today’s case (Parwani v. Sekhon) the Plaintiff was injured in a 2004 BC car crash. The Plaintiff sued […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
The winning side to a lawsuit in the BC Supreme Court is allowed to recover reasonable disbursements. Some of the greatest costs of advancing injury lawsuits are those associated with expert medical evidence. Today, reasons for judgement were released by the BC Supreme Court, Vancouver Registry, considering two common disbursements of Plaintiff lawyers in ICBC […]
Written by admin on . Posted in Civil Procedure, Settlement Law, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, addressing whether the BC Supreme Court has discretion to make costs awards after a formal settlement offer is accepted that specifically addresses costs consequences. In today’s case (Hambrook v. Sandhu) the Plaintiff was injured in a 2004 BC collision. He sued […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
Further to my numerous posts discussing the development of Rule 37B, reasons for judgement were released today demonstrating that this Rule’s application is still being shaped by the BC Supreme Court. The one factor that has yet to receive judicial agreement is whether the defendant being insured is a factor the Court can consider when […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
(Note: The below case was upheld by the BC Court of Appeal. You can find the BCCA decision here.) As recently discussed, when advancing an ICBC Claim in Court one of the first choices to make is whether to sue in BC Supreme Court or Small Claims Court. When a Plaintiff successfully sues in […]