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.
No, this is not a trick question. When can a judge awarding you $20,000 leave you in ‘significant’ debt? The answer is when you fail to beat a formal offer at trial and have ‘loser pays’ costs assessed you. I’ve discussed this reality previously and it was demonstrated yet again in reasons for judgement released […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
Rule 7-7(5) allows a party to withdraw a formal admission by consent or with permission of the Court. When it comes to an admission of liability obtaining the Court’s permission can be an uphill battle as was demonstrated in reasons for judgement released this week by the BC Supreme Court, Victoria Registry. In this week’s case (Miller […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 15.
Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, confirming that a settlement agreement made in a Rule 15 action for an amount “plus costs” contemplates costs capped under the fast track rule. In this week’s case (Wan v. Smith Estate) the Plaintiff was prosecuting an injury claim under Rule 15. As […]
Written by admin on . Posted in Uncategorized.
As I’ve previously written, when a vehicle is involved in a crash and is then repaired it is generally worth less than it would be had it not been damaged. The reason for this is quite simple, when a buyer is looking to purchase a used vehicle, those that have previously been damaged and repaired carry […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released this week by the BC Supreme Court, Cranbrook Registry, highlighting the Court’s discretion with respect to costs consequences following a trial in which a pre-trial formal settlement offer was made. In this week’s case (Russell v. Parks) the Plaintiff was injured when struck by the Defendant’s vehicle while walking in a parking lot. Liability was […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14.
Update – July 22, 2013 – the below action was overturned on appeal with the Defendant being ordered to pay general damages, punitive damages and special costs due to his “misconduct during the trial” ———————————————————————– Earlier this year I highlighted a judgement addressing whether a litigant blogging about witnesses during the course of a trial, and referenceing […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.
UPDATE January 28, 2014 – the BC Court of Appeal overturned the below result in reasons for judgement released today ____________________________________________________ In an interesting demonstration of the BC Supreme Court’s discretion relating to costs awards following trials where formal settlement offers were made, reasons for judgement were released this week by the BC Supreme Court, […]
Written by admin on . Posted in BCSC Civil Rule 15, ICBC LVI (Low Velocity Impact) Cases, ICBC Soft Tissue Injury Cases.
Reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, dealing with damages for minor soft tissue injuries following a so-called ‘low velocity impact‘ collision. In the recent case (Wallner v. Uppal) the Plaintiff was involved in a 2008 rear-end collision. Fault was admitted. The collision was relatively minor causing just under […]
Written by admin on . Posted in BCSC Civil Rule 15.
Adding to this site’s archived caselaw dealing with BC Supreme Court’s Fast Track Rule, reasons for judgement were released addressing the appropriate costs for a Fast Track trial which exceeds 3 days. Rule 15-1(15)(c) fixes costs for fast track trials which exceed two days at $11,000 “unless the court otherwise orders”. In the recent case (Coutakis […]