Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
As I’ve previously written, one of the biggest improvements in the new Rule 37B over it’s predecessor (Rule 37) is that it gives the Court discretion when assessing costs consequences when a party beats a formal settlement offer at trial. Reasons for judgment were released today by the BC Supreme Court demonstrating the flexibility of […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
(Please note the case discussed in the below article was overturned by the BC Court of Appeal. You can find my summary of the Appeal Judgement here) Very interesting reasons for judgment were released today by the BC Supreme Court dealing with the recovery of legal fees after a BC Personal Injury Lawsuit. Before getting […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As I posted yesterday, the BC Government has announced a full overhaul of the current BC Supreme Court Rules to take effect on July 1, 2010. You can click here to read a full copy of the new Rules. These new rules will apply to all BC Personal Injury and ICBC Claims prosecuted in the Supreme […]
Written by admin on . Posted in Civil Procedure, ICBC LVI (Low Velocity Impact) Cases, Uncategorized.
I’ve previously posted that when a Plaintiff in a BC Supreme Court Lawsuit is awarded damages in the Small Claims Court Jurisdiction ($25,000 or less) the Plaintiff is usually not permitted to court ‘costs’. This is so because Rule 57(10) of the Supreme Court Rules holds that: A plaintiff who recovers a sum within the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
A year ago the BC Rule dealing with formal offers in the BC Supreme Court, Rule 37, was repealed and replaced with Rule 37B. One of the primary differences between the rules was the greater discretion given to trial judges in awarding costs to litigants after beating a formal settlement offer at trial. I […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
One important difference between the BC Supreme Court and BC Small Claims Court is the availability of court ‘costs’ to the winning litigant. A winning party in the Provincial Court is usually awarded their disbursements, that is, the money it cost to bring the legal proceedings such as court filing fees, the cost of producing […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgment were released today by the BC Supreme Court dealing with 2 issues of interest to me, Costs consequences under Rule 66 and Rule 37B. In today’s case (Schnare v. Roberts) the Plaintiff was injured in a motor vehicle collision. The Plaintiff sued for damages under Rule 66. The Plaintiff made a formal […]
Written by admin on . Posted in Civil Procedure.
If you are involved in an ICBC claim under the fast track rule in BC Supreme Court (Rule 66) and settle your claim prior to trial how much are you entitled to for pre-trial Tarriff Costs? Rule 66(29) governs and reads as follows: Costs (29) Unless the court orders otherwise or the parties consent, and […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, giving more interpretation to Rule 37B in ICBC Injury Claims (click here to read my previous posts on this topic). In today’s case (Smagh v. Bumbrah) the Plaintiff was injured in a 2004 motor vehicle crash. The defendant made an offer to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Personal Injury Claims can be very expensive to prosecute. There are many typical expenses involved such as court filing fees, process servers, administrative expenses and the costs associated with gathering relevant information and documents. However, by and far the greatest expenses associated with prosecuting a Personal Injury Claim are expert witness fees. Expert witnesses play […]