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Search Results for “disbursements

Interest on Disbursements: The Uncertainty Continues

The BC Court of Appeal released reasons for judgement today in a case addressing the recoverability of interest on disbursements in personal injury lawsuits.  It was anticipated that the Court would set out a firm answer to this issue.  Unfortunately the question remains unanswered as the BC Court of Appeal held that “this is not […]

The High Risk of Personal Injury Trials: The Costs and Disbursements Swing

As previously discussed, personal injury trials can be risky and expensive.  The British Columbia Supreme Court has a so-called ‘loser pays’ system which generally makes the losing side pay the winning side’s costs and disbursements (the hard expenses associated with running a trial such as court filing and expert witness fees).  Last month the BC Supreme Court, Victoria Registry, released reasons for judgement […]

Interest on Disbursements in Injury Claims Recoverable "As a Matter of Principle"

Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, illustrating a welcome development in BC personal injury law. As discussed on previous occasions, injury lawsuits can be expensive and oftentimes individuals rely on their lawyers to finance the costs necessary to prosecute their claim.  These costs can easily add up to tens […]

Challenging ICBC Surveillance Disbursements – Evidence of Necessity Required

If parties to a lawsuit can’t agree which disbursements were reasonably incurred they can ask the Court to decide the issue.  As recently discussed, it is important for parties to bring appropriate evidence to Court to justify their disbursements.  This was further addressed in reasons for judgement released today by the BC Supreme Court, New […]

More Than Lawyer's Say Needed For MRI's to be Recoverable Disbursements

Further to my previous post on this topic, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, discussing when an MRI is a reasonable disbursement in a personal injury lawsuit. In today’s case (Farrokhmanesh v. Sahib) the Plaintiff was injured in two BC collisions.  He sued for damages and settled his claims […]

Can Interest on Disbursements be Recovered in BC Injury Litigation?

As I’ve written before, personal injury litigation can be an expensive business. It usually costs thousands of dollars if not tens of thousands of dollars to bring an injury claim to trial in the BC Supreme Court.  I’m not talking about lawyers fees here either.  What I’m referring to is the cost of gathering evidence […]

ICBC Injury Claims, Trials and Disbursements

Generally speaking it can be very expensive to bring an ICBC injury claim to trial in British Columbia.  I’m not talking about lawyers fees here.  There are many very well qualified personal injury lawyers in BC who handle ICBC injury claims on a ‘contingency basis’ and most Plaintiffs with a good claim have the luxury […]

The High Cost of Negligent Sport – Rec Soccer Player Ordered To Pay over $100K in Damages

Reasons for judgement were published this week by the BC Supreme Court, Vancouver Registry, ordering a Defendant to pay over $100,000 in damages following a negligent slide tackle in a recreational soccer game. In the case (Miller v. Cox) the plaintiff suffered a grade 3 dislocation of the right acromioclavicular joint as a result of […]

Court Challenge Filed Against Arguably “Unconstitutional and Hence Illegal” ICBC No Fault Scheme

BC’s Attorney General has one heck of a track record when it comes to trying to strip the rights of British Columbians in favour of the provincial monopoly auto insurance corporation ICBC.  To date the Courts have not been particularly impressed with these “thinly veiled” attempts to take away the public’s rights to “improve the […]