Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
A further decision dealing with the consequences of formal settlement offers under the New BC Supreme Court Civil Rules was released today by the BC Supreme Court, New Westminster Registry. In today’s case (Gregory v. ICBC) the Plaintiff was injured in a BC motor vehicle collision. Prior to trial ICBC made a formal settlement offer […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
The first judgement that I’m aware of dealing with the new formal settlement offer rule (Rule 9) was released today by the BC Supreme Court. In today’s case (Demarzo v. Michaud) the Plaintiff was injured in a BC motor vehicle collision. He went to trial and was awarded $356,000 in total damages. (you can click […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
When a personal injury claim goes to trial there is a winner and a loser. Who the winner is, however, is not always apparent by reading the Court judgement. To know who the winner really is you have to know the behind the scenes formal settlement offers. Reasons for judgment were released today demonstrating, yet […]
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 […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
After dozens of trial judgements which have applied Rule 37B (the current rule dealing with formal settlement offers which will be replaced with the almost identical Rule 9 on July 1, 2010), the BC Court of Appeal has agreed to hear what I believe will be their first case dealing with the application of this […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
Rule 37B, the BC Supreme Court Rule dealing with formal settlement offers, continues to be shaped by the Courts. One factor that is not yet firmly established is what effect a “walk away” offer made by a Defendant has after a Plaintiff’s claim is dismissed at trial. When a party sues for damages in the […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
While Rule 37B is still being shaped in its application one pattern that is relatively well established is that if a Plaintiff is awarded less at trial than ICBC’s formal settlement offer the Plaintiff will likely be deprived of their trial costs and be ordered to pay a portion of the Defendant’s costs. Reasons for judgement […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Settlement Law, Uncategorized.
In my continued efforts to track the judicial development of Rule 37B, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, awarding a Plaintiff double costs for the trial of her ICBC claim. The contentious issue of the existence of Insurance as a potentially relevant factor was also considered. In today’s […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Settlement Law, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court considering whether a Defendant should be awarded double costs for successfully defeating a lawsuit where they made a formal settlement offer before trial. In today’s case (McVeigh v. McWilliams) the Plaintiff sued the Defendant alleging defamation. Before trial the Defence lawyer made a ‘walk […]
Written by admin on . Posted in BC Injury Claims Media Archives, Settlement Law, Uncategorized.
When taking an ICBC or other BC personal injury claim to trial in the Supreme Court it is vital to understand the financial consequences that can be triggered when formal settlement offers are made. I have written dozens of articles on this topic and you can access these here. Below is a brief video discussing some […]