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When advancing a personal injury lawsuit it is common for BC lawfirms to fund the lawsuit related expenses on behalf of clients (disbursements such as court filing fees, the cost associated with ordering medical records and expert reports). Today the BC Law Society’s Ethics Committee provided an opinion that this practice is acceptable with certain […]
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Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, denying a Plaintiff double costs after modestly beating a pre-trial formal settlement offer. In today’s case (Barnes v. Lima) the Plaintiff was injured in a collision and sued for damages. The morning before trial the Plaintiff tabled a $60,000 formal settlement offer. […]
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Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, allowing a Plaintiff to recover interest charged on a loan which financed disbursements. In today’s case (Phippen v. Hampton) the Plaintiff sued for damages following a personal injury. In the course of the claim the Plaintiff borrowed funds from a company […]
Written by admin on . Posted in BCSC Civil Rule 9.
As previously discussed, when a formal settlement offer dealing with costs consequences is accepted the BC Supreme Court had no discretion to make a different order with respect to costs. Reasons for judgement were released this week confirming this principle. In this week’s case (Tomas v. Mackie) the Defendant made a formal settlement offer $77,400. […]
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, Vancouver Registry, finding that an “all inclusive” formal settlement offer is capable of triggering costs consequences. In today’s case (Wettlaufer v. Air Transat A.T. Inc.) the Plaintiff sued for damages after an “aircraft touched down and then braked, an unsecured food cart struck, with […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14.
I have frequently highlighted BC’s loser pays system where a losing litigant is typically ordered to pay costs to the opposing side. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, demonstrating that this result can be harsh and is typically unyielding to factors such as sympathy and financial […]
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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 […]
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Reasons for judgement were released this week by the BC Court of Appeal addressing the current landscape of judicial discretion when awarding costs in cases with formal settlement offers in play. In this week’s case (Wafler v. Trinh) the Plaintiff was injured in a 2005 collision. Prior to trial ICBC made three formal settlement offers, […]
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Adding to this site’s archived posts addressing the recoverability of interest on disbursements, reasons for judgement were released last week by the BC Supreme Court, Vernon Registry, canvassing the evidence necessary to recover these expenses. In last week’s case (Bodeux v. Tom) the Plaintiff was injured in a collision and the claim settled however the […]
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Update – July 13, 2015 – the below decision was overturned today by the BC Court of Appeal for several reasons and a new trial was ordered. In reaching this conclusion the court noted it was improper for the Court to make a present value calculation when considering a formal offer to settle. The Court […]