Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
In what, to my knowledge, is the first BC injury case commenting on the weight a court should place on “After the Event” insurance when awarding costs post trial, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing this. In the recent case (Clubine v. Paniagua) the Plaintiff was […]
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Update October 30, 2018 – Today the BC Court of Appeal upheld the below decision ________________________________________ Reasons for judgement were published today addressing the priority of a litigation lender recovering funds from a deceased personal injury lawyer’s practice. In today’s case (Napora (Re)) the Responded lent money to a personal injury lawyer to help fund […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were released today demonstrating the Court’s discretion for costs following trial where formal settlement offers were exchanged. In today’s case (Bains v. Antle) the Plaintiff was injured in a collision and sued for damages. Prior to trial the Defendant presented a formal settlement offer of $185,000. The Court noted that “some of […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, demonstrating judicial discretion in dealing with costs after a plaintiff fails to beat a defence formal offer at trial. In today’s case (Barta v. DaSilva) the Plaintiff was injured in a 2007 collision and sued for damages. The Plaintiff alleged traumatic brain […]
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, ordering a Plaintiff to pay double costs after the dismissal of an injury claim. In today’s case (Ross v. Andrews) the Plaintiff was involved in a 2011 collision, alleged injury and sued for damages. Prior to trial the Plaintiff declined two […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, finding that the cost of an insurance policy protecting a plaintiff from adverse costs/disbursements consequences should the prosecution of an injury claim not proceed favorably is not a recoverable disbursement. In the recent case (Wynia v. Soviskov) the Plaintiff hoped […]
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, stripping a Plaintiff of post offer costs after receiving a jury award less than a pre-trial defence settlement offer. In today’s case (Rutter v. Vadnais) the Plaintiff was injured and sued for damages. About 2 years prior to trial the Defendant […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgment were released today by the BC Supreme Court, Vancouver Registry, finding a formal offer that was bested by 9% and was delivered a few days prior to trial was capable of triggering double costs. In today’s case (Kostinuk v. Fellowes) the Plaintiff was involved in a personal injury prosecution and issued a […]
Do I Need a Lawyer? You do not need a lawyer to claim compensation for an injury or to seek no fault benefits. However, in many circumstances it is strongly recommended. As a general rule the more serious your injuries are and the greater their impact on your life, the greater the need to seek […]
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Reasons for judgement were released today by the BC Supreme Court, Kelowna Registry, largely rejecting personal injury claims following two relatively modest collisions. In today’s case (Ducharme v. Bradler) the Plaintiff was involved in two collisions in 2010. The Defendants admitted fault. Prior to trial ICBC tabled two formal settlement offers, the first for $21,000 […]