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.
Except in certain circumstances (such as where formal settlement offers are bested at trial under Rule 37B) a Plaintiff who succeeds in an ICBC injury claim in the BC Supreme Court is entitled to ‘costs’ (money paid under a Tariff system to compensate the successful litigant for the fact that they had to engage the […]
Written by admin on . Posted in Uncategorized.
If you are advancing and ICBC injury claim in BC Supreme Court, whether or not you are represented by an ICBC Claims Lawyer, you need to know something about Formal Settlement Offers. These settlement offers bring potential consequences if they are not accepted and these need to be considered when deciding whether an ICBC settlement […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Reasons for judgement were released today by the BC Court of Appeal (C.P. v. RBC Life Insurance Company) confirming that a trial judge does not have the option of awarding a Defendant double costs in circumstances where a Plaintiff obtains a judgement at a quantum below a Defendant’s formal offer to settle. In noting this […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
Three years ago the BC Court of Appeal clarified that a Defendant’s insured status can be taken into account when considering costs consequences in a trial where a formal settlement offer was in place. Reasons for judgement were released this week by the BC Supreme Court heavily relying on this factor in denying a Defendant […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Update March 21, 2014 – the Trial Judgement with respect to the relevance of insurance and costs was upheld today by the BC Court of Appeal _____________________________________________________ In 2010 the BC Court of Appeal confirmed that Judges can look at insurance when considering the “financial circumstances” of litigants when addressing costs consequences following trials where a formal […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 7, BCSC Civil Rule 9.
In 2010 the BC Court of Appeal found that Judges could consider the existence of insurance when exercising costs discretion following a trial in which a formal settlement offer was made. Last week reasons for judgement were released by the BC Supreme Court, Victoria Registry, expanding on this principle finding that the limits of insurance coverage were equally […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 24, Uncategorized.
One of the notable changes under the new BC Supreme Court Civil Rules was an increase in Tariff Costs. If a trial occurred under the former Rules of Court but the reasons for judgement are not delivered until after the new BC Supreme Court Civil Rules came into effect which Rules govern the costs award? […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
As recently discussed, costs consequences following trial where a formal settlement offer is not beat is a matter of judicial discretion. While the principles behind the exercise of that discretion are reasonably well formulated the costs results can be a little trickier to predict. Two sets of reasons for judgement were released this week by […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, Uncategorized.
Earlier this year the BC Court of Appeal provided much needed clarity to the factors Courts can consider when deciding whether a Plaintiff has sufficient reasons to sue in the Supreme Court when considering costs consequences following trial. Reasons for judgement were released today by the BC Court of Appeal further addressing this topic […]