Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today (Lumanian v. Sadler) by the BC Supreme Court giving further consideration to Rule 37B in an ICBC claim. In this case ICBC made a settlement offer before trial. The Plaintiff proceeded to trial and ultimately received judgement below ICBC’s formal offer. In an application for costs the court refused to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Well the cases seem to be coming in at a good pace and hopefully Rule 37B will start seeing some consistency in its interpretation by the BC Supreme Court. Today another case was released by the BC Supreme Court applying and interpreting this rule. In this case the Plaintiff was involved in a motor […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Costs consequences, that’s how. If ICBC beats their formal offer at trial they can be awarded costs under Rule 37B. These costs can sometimes exceed the amount of a judgement and reasons for judgement were released today by the BC Supreme Court demonstrating this principle. Trials can be risky and expensive and to the victor […]
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.
Interesting reasons for judgement were released today by the BC Court of Appeal setting aside a settlement of an ICBC injury claim. In this case the Plaintiff was allegedly injured as a result of a 2001 BC motor vehicle collision. In September, 2006 the parties attended a mediation and ICBC made an offer to settle […]
Written by admin on . Posted in ICBC Back Injury (soft tissue) Cases, ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases, ICBC Whiplash Cases.
Reasons for judgement were released today awarding a Plaintiff $21,500 for pain and suffering plus ‘special damages’ (accident related out of pocket expenses) as a result of a 2005 motor vehicle collision. While the judgement does not mention ICBC directly (BC personal injury tort judgements rarely mention who the insurer for the defendant is) this […]
Written by admin on . Posted in Civil Procedure.
I have blogged many times about the relatively new BC Supreme Court Rule 37B (the rule dealing with formal settlement offers). You can search the archives of this blog to find my previous entries. Useful reasons were released today by the BC Supreme Court providing further clarity and development of this rule. The key […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Except in certain circumstances (such as where formal settlement offers are bested at trial under Rule 37B) a Plaintiff who succeeds in an ICBC injury claim in the BC Supreme Court is entitled to ‘costs’ (money paid under a Tariff system to compensate the successful litigant for the fact that they had to engage the […]
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If you hired a lawyer to advance your ICBC tort claim on a contingency basis and are unsatisfied with the representation you are receiving, can you fire your lawyer? The short answer is yes. You are the client, you are in charge. If you don’t like how your lawyer is handling your case you […]
Written by admin on . Posted in Civil Procedure.
As you may know Rule 37-B is the new BC rule dealing with formal settlements and costs consequences in the BC Supreme Court. (to find my previous posts on this case search this cite for ’37B’). This new rule will take some time to work itself out. There are already conflicting reasons for judgement addressing […]