Written by admin on . Posted in Civil Procedure, Uncategorized.
Can a lawyer be held personally liable to his client or to the opposing party for Court Costs incurred because of unreasonable steps taken in a lawsuit? The answer is yes and today the BC Court of Appeal provided lengthy reasons addressing this important issue. In today’s case (Nazmdeh v. Spraggs) the lawyer represented a […]
Written by admin on . Posted in Settlement Law, Uncategorized.
As strange as it may sound the answer is yes. Lawyers are client’s agents and as such their actions can bind their clients. If a lawyer agrees to a settlement even if the lawyer does not have or is mistaken about their client’s instructions the settlement agreement can be binding. Reasons for judgement were released […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
Further to my numerous posts revieiwng BC Supreme Court cases interpreting and applying Rule 37B following an injury claims trial, reasons for judgement were released today dealing with a unique issue; in exercising discretion under the Rule can the Court consider the conduct of the successful litigant? In today’s case (Lakhani v. Elliott) the Plaintiff […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
One pattern that is becoming well developed under Rule 37B (the Rule dealing with Formal Settlement Offers in BC Supreme Court Lawsuits) is that of timing. Caselaw seems to require that formal offers need to be available for acceptance for a reasonable period of time before triggering cost consequences under Rule 37B. Reasons for judgement […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Further to my previous posts on this topic, reasons for judgement were released today considering whether to award a Plaintiff Supreme Court Costs in an ICBC Claim where the judgement amount was within the Small Claims Court’s jurisdiction. In today’s case (Mohamadi v. Tremblay) the Plaintiff was awarded $10,490 in his ICBC Claim after trial […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
(Update: December 14, 2011 – the below decision was modified somewhat by the BC Court of Appeal in reasons for judgement released today) ____________________________________ Precedents with respect to costs consequences under Rule 37B are still developing as this rule is slowly being molded into place. The one clear pattern under Rule 37B is that of […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Jury Trials, Uncategorized.
(Please note the case discussed in this post was overturned on Appeal, you can click here for an updated post and click hear to read the BC Court of Appeal decision) Reasons for judgement were released today dealing with costs consequences under Rule 37B. Although Rule 37B has some flexibility to its outcomes, normally when […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Jury Trials, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, awarding a Defendant double costs following a Jury dismissing a Plaintiff’s ICBC Injury Claim. This is one of the first cases that I am aware of under Rule 37B where a defendant was awarded double costs. In today’s case (Luzuka v. […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
I’ve previously posted on the topic of costs consequences when a Plaintiff succeeds in a BC Supreme Court lawsuit but is awarded damages within the small claims court jurisdiction. For the Plaintiff to be entitled to costs it must be found that the Plaintiff had “sufficient reason for bringing the proceeding in the Supreme Court”. […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
Reasons for Judgement delivered by Madam Justice Dorgan on July 30, 2009 were recently transcribed and have come to my attention applying Rule 37B in a favourable way to a Plaintiff who failed to beat an ICBC formal offer of settlement. In this case (Robbeson v. Gibson) the Plaintiff was injured in a BC Motor […]