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, ICBC Psychological Injury Cases, ICBC PTSD Cases.
Reasons for judgement were released today by Mr. Justice Butler providing more commentary on the new BC Rule 37B. (search this site if you wish to read my numerous previous posts on Rule 37B precedents). In this case the Plaintiff witnessed a severe motor vehicle collision. He was not involved in the crash nor did […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgement were released today refusing to award the successful litigant double costs pursuant to Rule 37B. The Petitioner City sued the Respondent Kennel operator seeking a declaration that the Kennel was in breach of a Bylaw and seeking conjunctive orders. Before trial (and before Rule 37 was replaced with Rule 37B) the Respondent […]
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 […]
Written by admin on . Posted in Civil Procedure, Jury Trials, Uncategorized.
I have previously blogged about the new Rule 37B (here and here) which deals with formal offers of settlement and the costs consequences of trial. The first case that I’m aware of dealing with Rule 37B in an ICBC claim was released today. In this case both fault and quantum were at issue. The Plaintiff […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Today I’m blogging from the sunny City of Vernon, having completed an examination for discovery a little earlier than expected with some time on my hands prior to returning to Victoria. In the first precedent that I am aware of concening Rule 37B (The new BC Supreme Court Rule dealing with formal settlement offers) reasons […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were released today by the BC Court of Appeal (C.P. v. RBC Life Insurance Company) confirming that a trial judge does not have the option of awarding a Defendant double costs in circumstances where a Plaintiff obtains a judgement at a quantum below a Defendant’s formal offer to settle. In noting this […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, rejecting a request for double costs following a trial where a Plaintiff beat her formal settlement offer by a slim margin. In today’s case (Griffith v. Larsen) the Plaintiff suffered an injury in a collision. Prior to trial the plaintiff provided […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Two judgement were released this week by the BC Supreme Court demonstrating that formal settlement offers made late in the litigation process are still capable of triggering costs consequences. In the first case (Dennis v. Fothergill) the Plaintiff was injured in a motor vehicle collision and sued for damages. The Defendant made a formal […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Three years ago the BC Court of Appeal clarified that a Defendant’s insured status can be taken into account when considering costs consequences in a trial where a formal settlement offer was in place. Reasons for judgement were released this week by the BC Supreme Court heavily relying on this factor in denying a Defendant […]