Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14.
Reasons for judgement were released today by the BC Court of Appeal addressing the discretion of judges in making costs awards following trial under the new Rules of Court. In today’s case (Lee v. Jarvie) the Plaintiff was involved in a rear-end collision in 2004. Fault for the crash was admitted. At trial the Plaintiff sought substantial […]
Written by admin on . Posted in BC Supreme Court Costs Cases.
Reasons for judgement were released last week by the BC Court of Appeal ordering ICBC to pay costs after the settlement of a matter following trial. In last week’s case (Krohn v. Weidner) the Plaintiff was injured in a collision and sued for damages. Following trial the Plaintiff ” immediately identified some areas of concern” and […]
Written by admin on . Posted in Uncategorized.
While the law in BC presently does allow interest on disbursements to be recoverable in the right circumstances, a prerequisite for recovery is an evidentiary foundation proving that it was necessary to incur the interest claimed. Reasons for judgement were released this week by the BC Supreme Court, Kelowna Registry (Babb v. Doell) rejecting such […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 15.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing assesable costs when a fast track trial exceeds 3 days. In today’s case (Peacock v. Paul) the plaintiff was involved in two collisions. Although only one of the cases was put into the fast track the Court deemed that Rule 15 […]
Written by admin on . Posted in Uncategorized.
One of the developing areas of law relates to whether interest charged on disbursements are recoverable under the BC Supreme Court rules. The BC Court of Appeal may weigh in on the subject but until that time, useful reasons for judgement were released noting that interest on disbursements can indeed be recovered. In this week’s […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
One of the more difficult fact patterns to predict the outcome of is when will a Plaintiff be granted costs when they sue in the BC Supreme Court but are awarded damages below $25,000 (the monetary jurisdiction of the Provincial Court in BC). You can click here to read archived decisions addressing this. Adding to […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
I’ve previously discussed the difficulty ICBC has trying to withhold documents in a personal injury lawsuit based on their ‘investigative’ responsibilities. Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, further addressing this topic. In this week’s case (Spenst v. Reemeyer) the Plaintiff alleged injury s a result of a motor vehicle/pedestrian incident which […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
In a fairly routine exercise of the Court’s discretion, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, ordering a Plaintiff to pay the Defendant’s trial costs for failing to best a pre-trial formal settlement offer in a personal injury claim. In this week’s case (Wilson v. Honda Canada Financial […]
Written by admin on . Posted in Uncategorized.
Just because a medico-legal report proves harmful to a Plaintiff’s claim does not make the costs of obtaining the report, in and of itself, an unreasonable disbursement. Reasons for judgment were released last week by the BC Supreme Court, Prince George Registry, demonstrating this. In last week’s case (White v. Reich) the Plaintiff was injured […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing costs consequences following a trial where ICBC marginally beat their pre-trial settlement offer. In last week’s case (Wattar v. Lu) the Plaintiff was injured in a collision in which she and the Defendant were found equally at fault. After the […]