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 Civil Procedure, Settlement Law, Uncategorized.
One principle that is becoming well defined with respect to Rule 37B is that settlement offers made on the eve of trial may not trigger any costs consequences. Reasons for judgement were released today demonstrating this. In today’s case (Parwani v. Sekhon) the Plaintiff was injured in a 2004 BC car crash. The Plaintiff sued […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Jury Trials, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, awarding a Defendant double costs following a Jury dismissing a Plaintiff’s ICBC Injury Claim. This is one of the first cases that I am aware of under Rule 37B where a defendant was awarded double costs. In today’s case (Luzuka v. […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Civil Procedure, Jury Trials, Tort Reform, Uncategorized.
It used to be that when ICBC claims went to trial ICBC would only require the people they insure to participate at trial as necessary. For example if fault was at issue the defendant would testify as to how the crash happened or if the Plaintiff seemed uninjured at the scene the Defendant would share […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
I’ve written many times about the costs consequences of ICBC Claims and Supreme Court Trials where a formal offer of settlement is made under Rule 37B. What about when no offer is made, what are the costs consequences then? In these circumstances Rule 57(9) of the Supreme Court Rules governs which holds that “Subject to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Costs consequences, that’s how. If ICBC beats their formal offer at trial they can be awarded costs under Rule 37B. These costs can sometimes exceed the amount of a judgement and reasons for judgement were released today by the BC Supreme Court demonstrating this principle. Trials can be risky and expensive and to the victor […]