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, 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.
I just came across reasons for judgement pronounced on February 10, 2009 by the BC Supreme Court, Chilliwack Registry, but just recently transcribed dealing further with Rule 37B (click here to read my previous posts on this rule). In this case (Smith v. Tedford and ICBC) the Plaintiff made an offer to settle her ICBC […]
Written by admin on . Posted in Civil Procedure.
I’ve written many times about the relatively new Rule 37B and its consequences in BC personal injury claims (click here to read my previous posts), yesterday reasons for judgement were released by the BC Supreme Court (New Westminster Registry) giving more clarity to this rule. In yesterday’s case, ICBC v. Patko, ICBC sued the defendant […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Under the old Rule 37 when a formal settlement offer was made by ICBC the Plaintiff could continue to negotiate and make counter offers without jeopardizing the ability to accept ICBC’s formal settlement offer at a later date. This was so due to rule Rule 37(10) and 37(13) which held that a formal offer to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Very important reasons for judgment were released today (AE v. DWJ) by the BC Supreme Court giving more interpretation to Rule 37B. (Click here to read my previous posts discussing this rule.) Rule 37B is still relatively new and the courts have not come up with a consistent application of this rule. Today’s case takes […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court providing more interpretation to Rule 37B in the context of ICBC Claims. (for background on Rule 37B and ICBC Claims see my former blog posts). In today’s case (Jacobs v. McLaughlin) the Plaintiff sued 3 separate Defendants as a result of 3 separate accidents. […]
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.
I’ve blogged about most if not all of the recent reported BC Supreme Court judgements applying the new Rule 37B and don’t intend to summarize a history of the rule here (for a history of the rule and to read my previous articles on Rule 37B cases simply use the search feature on this site […]