Self Represented Litigant Hit With $19,000 Costs Award After Injury Claims Fall Short

Reasons for judgement were released today by the BC Supreme Court, Kelowna Registry, largely rejecting personal injury claims following two relatively modest collisions.
In today’s case (Ducharme v. Bradler) the Plaintiff was involved in two collisions in 2010.  The Defendants admitted fault. Prior to trial ICBC tabled two formal settlement offers, the first for $21,000 and the second for $40,000.   The Plaintiff rejected these and proceeded to trial.
At trial the Court raised concerns about the Plaintiff’s reliability and largely rejected her claims awarding global damages of $1,500 for both collisions.  After learning of the formal offers the Court went on to award $19,000 in costs against the plaintiff.  In reaching this decision Madam Justice Fitzpatrick provided the following reasons:

[45]        THE COURT: In the ordinary course, Ms. Ducharme would have been awarded her costs in both actions. In accordance with Rule 15-1(15)(b), the costs of this two day trial would be $9,500 plus disbursements. However, defence counsel has referred me to previously delivered offers to settle, which I have the discretion to consider: see Rule 15-1(16).

[46]         These actions were commenced in December 2011 and July 2012. Mr. Spinks has outlined the settlement offers that have been extant for some time. In January 2012, there was an offer in the amount of $21,000; and, in April 2014, there was an offer in the amount of $40,000. Clearly, those offers substantially exceed the result in this trial and, in my view, should reasonably have been accepted by Ms. Ducharme, particularly when it became apparent that she could not or would not marshal the medical evidence she needed in proving her claims. No submissions were made on the relative financial circumstances of the parties.

[47]        I accept the position of the defence in respect of the award of costs. In the circumstances, I am satisfied that a double costs award is appropriate: Gichuru v. Pallai, 2013 BCCA 60. Accordingly, costs are awarded in favour of the defendants in the sum of $19,000 plus reasonable disbursements.

bc injury law, Kelowna ICBC Claims Lawyer

Comments (49)

  • We are a group of volunteers and starting a new scheme in our community. Your web site provided us with valuable info to work on. You have done a formidable job and our whole community will be thankful to you.

  • Hey There. I found your blog using msn. This is an extremely well written article. I will make sure to bookmark it and return to read more of your useful information. Thanks for the post. I will certainly comeback.

  • I’m still learning from you, but I’m trying to achieve my goals. I definitely enjoy reading everything that is written on your site.Keep the information coming. I loved it!

  • I am curious to find out what blog system you happen to be utilizing? I’m experiencing some small security issues with my latest blog and I’d like to find something more safeguarded. Do you have any recommendations?

  • whoah this weblog is wonderful i like studying your articles. Keep up the great paintings! You know, a lot of individuals are searching round for this info, you can aid them greatly.

  • The very core of your writing while sounding agreeable at first, did not settle well with me personally after some time. Somewhere throughout the paragraphs you managed to make me a believer unfortunately only for a short while. I nevertheless have got a problem with your leaps in assumptions and you might do nicely to help fill in those gaps. In the event you can accomplish that, I will undoubtedly end up being fascinated.

  • Thank you for another great post. Where else could anybody get that kind of info in such a perfect way of writing? I’ve a presentation next week, and I’m on the look for such information.

  • Very nice post. I just stumbled upon your blog and wished to say that I have really enjoyed browsing your blog posts. In any case I will be subscribing to your rss feed and I hope you write again very soon!

  • I’ve been exploring for a bit for any high-quality articles or blog posts in this sort of area . Exploring in Yahoo I ultimately stumbled upon this web site. Reading this info So i am happy to express that I have an incredibly excellent uncanny feeling I came upon exactly what I needed. I most definitely will make certain to don’t omit this site and give it a look regularly.

  • Howdy would you mind sharing which blog platform you’re working with? I’m looking to start my own blog soon but I’m having a hard time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something completely unique. P.S My apologies for getting off-topic but I had to ask!

  • One more important component is that if you are an elderly person, travel insurance intended for pensioners is something you must really take into account. The more mature you are, a lot more at risk you might be for allowing something negative happen to you while in foreign countries. If you are not necessarily covered by several comprehensive insurance policy, you could have some serious complications. Thanks for revealing your suggestions on this weblog.

  • I just couldn’t depart your website before suggesting that I really loved the usual information an individual provide for your guests? Is going to be back ceaselessly to check out new posts.

  • Thanks for the helpful article. It is also my opinion that mesothelioma cancer has an really long latency interval, which means that warning signs of the disease might not emerge right up until 30 to 50 years after the original exposure to asbestos. Pleural mesothelioma, which can be the most common form and influences the area across the lungs, will cause shortness of breath, upper body pains, including a persistent cough, which may produce coughing up bloodstream.

  • Hi there! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Cheers

  • Howdy! This is kind of off topic but I need some help from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about setting up my own but I’m not sure where to start. Do you have any tips or suggestions? Many thanks

  • Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You obviously know what youre talking about, why throw away your intelligence on just posting videos to your blog when you could be giving us something enlightening to read?

  • A person essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I surprised with the research you made to make this particular publish extraordinary. Great job!

  • What’s Happening i am new to this, I stumbled upon this I’ve found It positively useful and it has helped me out loads. I hope to contribute & assist other users like its helped me. Great job.

  • I would like to thank you for the efforts you’ve put in writing this site. I’m hoping the same high-grade blog post from you in the upcoming also. Actually your creative writing skills has encouraged me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a great example of it.

  • I haven’t checked in here for a while since I thought it was getting boring, but the last several posts are good quality so I guess I’ll add you back to my daily bloglist. You deserve it my friend 🙂

  • I loved as much as you will receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case you shield this hike.

  • Thanks for your personal marvelous posting! I genuinely enjoyed reading it, you may be a great author.I will ensure that I bookmark your blog and will eventually come back very soon. I want to encourage you to continue your great writing, have a nice evening!

  • Excellent web site. Lots of helpful information here. I am sending it to several friends ans additionally sharing in delicious. And obviously, thank you for your effort!

  • Excellent read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch as I found it for him smile Thus let me rephrase that: Thank you for lunch! “The capacity to care is what gives life its most deepest significance.” by Pablo Casals.

  • I cling on to listening to the news bulletin speak about receiving boundless online grant applications so I have been looking around for the best site to get one. Could you tell me please, where could i acquire some?

  • obviously like your web-site but you need to check the spelling on quite a few of your posts. Many of them are rife with spelling problems and I find it very troublesome to tell the truth nevertheless I’ll surely come back again.

  • Thanks for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more clear from this post. I’m very glad to see such magnificent info being shared freely out there.

  • Hi! This is kind of off topic but I need some guidance from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about making my own but I’m not sure where to begin. Do you have any tips or suggestions? Appreciate it

  • Fascinating blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Thanks

  • Great blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog shine. Please let me know where you got your theme. Thanks a lot

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer