Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
In my continued efforts to track the judicial discretion of costs awards following trials with formal settlement offers in place, reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, addressing costs consequences were a jury award was some 25% of ICBC’s best pre-trial formal settlement offer. In the recent case (Wafler v. Trinh) the Plaintiff was […]
Written by admin on . Posted in Uncategorized.
I have previously discussed the uncertainty about whether interest on disbursements is a recoverable item in the prosecution of BC personal injury claims. I understand the BC Court of Appeal will have the opportunity to canvass this issue in the upcoming months in an appeal of the competing Chandi and McKenzie decisions. In New Brunswick, fortunately, the law has just […]
Written by admin on . Posted in Uncategorized.
(Update January 16,2013 – the Court of Appeal granted leave to appeal the below costs award. Once the final decision is released I will further update this post). (Update December 10, 2013 – today the BC Court of Appeal dismissed the appeal of the below decision) I have spent much time highlighting costs consequences plaintiff’s […]
Written by admin on . Posted in Uncategorized.
A decision was recently publshed by the BC Supreme Court website addressing reasonable photocopy disbursements in an ICBC Claim. Although it is a 2006 decision decided under the old rules, the Court’s comments remain relevant finding that commercial photocopy charges are not helpful when deciding a reasonable rate to charge for photocopy disbursements due to litigant privacy concerns. In […]
Written by admin on . Posted in BCSC Civil Rule 14, Uncategorized.
(Update October 2, 2012 – The below post was upheld on appeal in reasons for judgement released today) Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing reasonable photocopy expenses in a bill of disbursements. In the recent case (Chow v. Nguyen) the parties could not agree to the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
(Update – April 19, 2013 – The below decision should be cross-referenced with reasons for judgement released today (Gonzales v. Voskakis) where Madam Justice Fitzpatrick came to a different conclusion) Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, confirming that the Court cannot award double disbursements following a trial where a […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14.
Update November 17, 2014 – in Reasons released today the BC Court of Appeal overruled the below decisions and found interest on disbursements cannot be recovered. ____________________________________________________________ Update – May 17, 2013 – the below decision was overturned on Appeal. You can click here to read about this development __________________________________________________________ A very uncertain area of […]
Written by admin on . Posted in ICBC UMP Cases.
In my on-going efforts to create a searchable UMP Claims Database, reasons for judgement were recently released addressing the deductibility of previous payments for Costs, Disbursements and ICBC paid MSP treatments in an UMP proceeding. In short the MSP payments were found to be deductible under UMP while the costs and disbursements payments were not. In the recent case (X v. […]
Written by admin on . Posted in ICBC UMP Cases.
An Arbitration determination was recently released addressing the jurisdiction of an UMP Arbitrator to award disbursements for expenses for items initially used in a tort trial then subsequently used in an UMP Arbitration. In short Arbitrator Camp held that there is jurisdiction for recovery of such costs provided they were reasonably incurred. In the recent […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
Update – May 17, 2013 – the below decision was upheld on appeal this week. You can click here to read about this development ____________________________________________________________________ A developing area in BC relating to personal injury law is the ability of a Plaintiff to recover interest charged on disbursements. Prosecuting personal injury claims, particularly claims with complex injuries, can […]