Written by ERIK MAGRAKEN on . Posted in Uncategorized.
This week the BC Supreme Court struck down regulations limiting the amount of disbursements a party can claim when prosecuting an ICBC claim as being both unconstitutional and contrary to administrative law principles. By way of background, the current BC Government has taken many steps limiting the rights of BC crash victims in order to […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Earlier this month I had the pleasure of being interviewed by Canadian Lawyer Magazine about BC’s latest, one sided, and possibly unconstitutional limit on plaintiff disbursements in ICBC claims. You can find the full article here. If you are visiting for the first time welcome! You can read my further thoughts on this topic with […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Earlier this year a regulation came into force artificially limiting the recoverable disbursements in many motor vehicle actions to 6% of the damages. The government made little effort in disguising that this rule was brought in to save a single litigant money, namely ICBC. In one of the first judicial comments on the regulation the […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Earlier this year the BC Government passed a law (whose legality is being challenged) arbitrarily capping disbursements at 6% in “vehicle injury proceedings”. Artificially capping disbursements requires plaintiffs to use great caution in what disbursements they incur in advancing their claims. This in turn often means limited record production. Defence frequently are now displeased wishing […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
This week the BC Government published their text for a retroactive disbursement limit for individuals seeking compensation for injuries caused by the carelessness of other motorists. A 6% limit was put in place. An arbitrary percentage divorced from the actual disbursements an individual may have to incur to meet their burden of proof. A constitutional […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
When a lawyer changes firms clients usually have a choice of whether to stay with their present firm or follow their lawyer to the new firm. In the case of personal injury files prosecuted on a contingency basis there are often disbursements associated with the files. When a client wishes to follow their lawyer to […]
Written by ERIK MAGRAKEN on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, ordering that double costs be paid to a plaintiff who was awarded substantially more at trial than they were willing to settle their claim for. In today’s case (Miller v. Resurreccion) the Plaintiff was injured in a collision and sued for damages. […]
Written by admin on . Posted in Uncategorized.
Although the recent ICBC and BC Government narrative attempts to paint injury claimants in an unreasonable light in reality ICBC often refuses reasonable settlement offers only to be ordered to pay far more at trial. Reasons for judgement were published today by the BC Supreme Court, Vernon Registry, demonstrating such a result. In the recent […]
Written by admin on . Posted in Uncategorized.
Update – The full text of the amended rules have been published. These read as follows – RULE 11-8 – EXPERTS IN VEHICLE ACTIONS Definition (1) In this rule, “vehicle action” means an action that includes a claim for damages for personal injury, or death, that arises out of the use or operation of a […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Failing to beat a defence formal settlement offer at trial can bring serious financial consequences. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating exactly this. In today’s case (Gill v. McChesney) the Plaintiff was injured in a vehicle collision and sued for damages. Prior to trial the Defendant […]