Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 14, BCSC Civil Rule 20, Uncategorized.
Update September 25, 2013 – The below decision was upheld by the BC Court of Appeal in reasons released today _________________________________________________________ I’ve written many times about the BC Supreme Court’s “loser pays” system which generally requires a losing litigant to pay for the winner’s costs and disbursements. If a lawsuit is started on a child’s behalf and […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Reasons for judgement were released recently by the BC Supreme Court, New Westminster Registry, addressing costs consequences following a trial where a Plaintiff bested his formal settlement offer. In the recent case (Delgiglio v. British Columbia (Public Safety and Solicitor General)) the Plaintiff was injured after a RCMP officer ran a red light resulting in […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, Uncategorized.
Further to my previous posts detailing the potential costs consequences following trials with formal settlement offers in place, reasons for judgement were released last week addressing this topic finding that costs consequences should be applied in an “even-handed” way and further should not unduly deter Plaintiff’s from bringing meritorious, but uncertain claims “because of the […]
Written by admin on . Posted in Uncategorized.
Adding to this site’s archived caselaw addressing disbursements in injury litigation, reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, addressing the reasonableness of a variety of disbursements in the prosecution of an ICBC Claim. In last week’s case (Kezel v. Greenslade) the Plaintiff was involved in two collisions in July 2007. She […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 7, BCSC Civil Rule 9, Uncategorized.
As previously discussed, when a Plaintiff fails to beat a Defendant’s formal settlement offer at trial they can be exposed to significant costs consequences. One factor that Courts can consider when using their discretion is the financial status of the parties including whether the Defendant is insured. Reasons for judgement were released this week by […]
Written by admin on . Posted in BCSC Civil Rule 7, Uncategorized.
Rules 7-1(16) and (17) deal with producing relevant documents to opposing litigants and costs associated with doing so. Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, dealing with the rate of reasonable photocopy charges. In last week’s case (Perone v. Baron) the Plaintiff was involved in a motor vehicle […]
Written by admin on . Posted in Uncategorized.
As previously discussed, the BC Supreme Court operates on a “loser pays” system typically requiring a losing litigant to pay the winner’s costs and disbursements. This reality goes a long way towards discouraging frivolous lawsuits and encouraging pre-trial settlement. The Loser Pays system can create hefty consequences as was demonstrated in reasons for judgement released this week by […]
Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9, ICBC No-Fault (Part 7) Benefits, Uncategorized.
In a good demonstration of the Court’s discretion following a trial where a Plaintiff does not beat a pre-trial defence formal settlement offer, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, taking a Plaintiff’s post offer costs and disbursements away but not requiring the Plaintiff to pay the Defendant’s […]
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As previously discussed, if you are unhappy with your representation in an ICBC claim and are considering changing lawyers a key consideration to take into account is the amount of legal fees you will need to pay. Hiring multiple lawyers typically means paying multiple lawyers. This was demonstrated in reasons for judgement released today by […]
Written by admin on . Posted in BCSC Civil Rule 15, Uncategorized.
Last year Master Baker released reasons for judgement assessing pre-trial settlement costs of a Rule 15 lawsuit at $6,500. Today reasons for judgement were released upholding this analysis finding no error was made in such an assessment. In today’s case (Gill v. Widjaja) Mr. Justice Harvey provided the following reasons upholding the Master’s decision: [47] […]