Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Uncategorized.
Reasons for Judgement delivered by Madam Justice Dorgan on July 30, 2009 were recently transcribed and have come to my attention applying Rule 37B in a favourable way to a Plaintiff who failed to beat an ICBC formal offer of settlement. In this case (Robbeson v. Gibson) the Plaintiff was injured in a BC Motor […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As most frequent visitors to this blog know, Rule 37 of the BC Supreme Court Rules (the rule that dealt with formal settlement offers and costs consequences in BC Supreme Court trials including ICBC personal injury claims) was replaced this summer with Rule 37B. Rule 37B builds in a lot of judicial discretion in the […]
Written by admin on . Posted in Civil Procedure.
Reasons for judgment were released today further interpreting the relatively new BC Rule 37(B) (the rule dealing with formal settlement offers and costs consequences of these in BC Supreme Court Actions). The facts of this case are a little difficult to extract from the judgement but it appears that the Plaintiff sued for damages as […]
Written by admin on . Posted in Civil Procedure.
The first decision that I’m aware of was released today dealing with the costs consequences of accepting a Rule 37 offer under Rule 37B. The full background facts are not necessary for this narrow post. In this case the defendants made an offer to settle for $6,000. This offer was made in compliance with the […]
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, Uncategorized.
One of the most welcome developments under the New Rules of Court (and for a short while prior to their introduction, Rule 37B) was the introduction of discretion to the costs process following trials where formal settlement offers were made. It used to be that if a Plaintiff had their case dismissed at trial where […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Authorities under the formal Rule 37B held that when a formal settlement offer dealing with costs consequences was accepted the BC Supreme Court had no discretion to make a different order with respect to costs. The first case I’m aware of dealing with this issue under the New Rules was released today. The Court upheld […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
There have been many cases dealing with “the relative financial circumstances of the parties” focussing on whether a Defendant is insured in deciding the costs consequences after trials with formal settlement offers. (The BC Court of Appeal weighed in on this issue earlier this year deciding insurance can in fact be considered). There have not, however, […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering ICBC to pay ‘double costs‘ after losing a breach of insurance claim. In today’s case (Barsaloux v. ICBC) the Plaintiff was the owner of a vehicle that was stolen and subsequently recovered. It was damaged beyond repair. The Plaintiff had insurance […]