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 Civil Procedure, Settlement Law, Uncategorized.
Reasons for judgement were released yesterday by the BC Supreme Court, New Westminster Registry, dealing with a very interesting set of facts. Can a Defendant accept a Formal Settlement Offer from a Plaintiff when the Plaintiff forgot the offer was made in the first place? In yesterday’s case (Burton v. Bakker) the Plaintiff was injured […]
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, 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, Jury Trials, Uncategorized.
Everything that seemingly could go wrong in an ICBC Jury Trial went wrong when an injured Plaintiff brought her claim to court in early May 2009 (Sharamandari v. Ahmadi). ICBC, the insurer on the case, insisted on a jury trial. Certain concerns about the jurors behaviour came to the trial judge’s attention which ultimately caused […]
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 […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Interesting reasons for judgement were released today by the BC Court of Appeal setting aside a settlement of an ICBC injury claim. In this case the Plaintiff was allegedly injured as a result of a 2001 BC motor vehicle collision. In September, 2006 the parties attended a mediation and ICBC made an offer to settle […]
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 […]