Rule 15 Costs Cap Applied to Settlement of a Non-Rule 15 Claim
Further to my previous posts on this topic (which can be found here and here), reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, finding that the Rule 15 costs cap can apply to a personal injury claim litigated outside of the fast track when a settlement below $100,000 is achieved.
In the recent case (Varga v. Shin) the Plaintiff was injured in a 2006 collision. The plaintiff initially sought significant damages over $422,000 and the case was prosecuted in the usual course. It was never put into the fast track rule. Prior to trial the case settled for $65,000 plus costs “to be assessed or agreed“. The parties could not agree on the costs consequences with the defendant arguing that the Rule 15 cap should apply. Registrar Sainty agreed and in doing so provided the following reasons:
 I prefer Ms Taylor’s submissions in relation to the application of the costs provisions of R. 15-1. In my view, this action, even though it was not declared to be a “fast track” action, is subject to the costs provisions of R. 15-1(15). I agree with Ms Taylor’s submissions that R. 15-1(1) is exclusive and not inclusive. In my opinion, if a matter settles for less than $100,000, R. 15-1(15) applies to the costs of the action. This is made clear, in my view, by the addition to the Rules of R. 14-1(1)(f). That subrule effectively fast tracks actions that were not fast tracked but should have been (see Axten, supra, and Affleck v. Palmer, 2011 BCSC 1366). The cases cited by Mr. Warnett (listed above) were all, in my view, decided per incuriam: without reference to either R. 15-1(1) or 14-1(1)(f) in relation to the issue of costs.
 This interpretation is in keeping with the object of the Rules: “to secure the just, speedy and inexpensive determination of every proceeding on its merits”
(R. 1-3(1)) and the proportionality provisions set out in R. 1-3(2).
 Finally, I note that Mr. Warnett also suggested that, if the defendants wished the provisions of R. 15-1(15) to apply to the action, they ought to have applied to place it into fast track and as they did not do so, they should not be allowed to limit the plaintiff’s costs to the costs allowed under R. 15-1(15). This suggestion cuts both ways however. Just as it was open to the defendants to seek an order bringing the matter into fast track, it was also open to Mr. Warnett to seek an order (even at the trial management conference) that R. 15-1 not apply to the action. He did not do so and as the action is by operation of the Rules a fast track action, it attracts costs per R. 15-1(15).
 As I have found that the action falls within the provisions of R. 15-1(15), thus the plaintiff is entitled to some proportion of the $6,500 “cap” available (see Duong v. Howarth, 2005 BCSC 128; and Anderson v. Routbard, 2007 BCCA 193 [Anderson]). In order to avoid a re-attendance before me (or some other registrar) to determine how much of that cap the plaintiff may claim, I am going to employ some “rough and ready justice” (see Anderson, at paragraph 49 and Cathcart v. Olson, 2009 BCSC 618 at paragraph 19) to this matter. I will set the amount at the full $6,500, plus tax. This matter settled some 15 days before trial. Likely a good deal of the trial preparation had occurred up to the settlement. It is therefore appropriate that the plaintiff receive the full amount of the cap: see Gill v. Widjaja, 2011 BCSC 951 (Registrar), aff’d 2011 BCSC 1822.
Registrar Sainty, RUle 14, Rule 14-1, Rule 14-1(1), Rule 14-1(1)(f), Rule 15, Rule 15-1, Rule 15-1(15), Varga v. Shin
pop over to this website
I simply want to say I am all new to blogging and certainly enjoyed you’re page. Very likely I’m want to bookmark your blog post . You certainly have very good article content. Many thanks for sharing with us your web site.
Hello my friend! I wish to say that this post is awesome, nice written and include almost all vital infos. I’d like to peer more posts like this.
An interesting dialogue is value comment. I believe that you should write more on this topic, it might not be a taboo topic but typically individuals are not sufficient to speak on such topics. To the next. Cheers
In this great pattern of things you actually get a B+ just for effort. Where you actually confused me personally ended up being on your details. You know, as the maxim goes, the devil is in the details… And that couldn’t be much more true right here. Having said that, let me tell you just what did deliver the results. The writing is certainly extremely engaging and that is possibly the reason why I am making the effort to opine. I do not really make it a regular habit of doing that. Next, despite the fact that I can certainly notice the jumps in reason you come up with, I am definitely not convinced of just how you appear to unite the ideas which help to make the conclusion. For now I shall subscribe to your point however trust in the foreseeable future you link the dots much better.
I have recently started a website, the info you offer on this site has helped me tremendously. Thank you for all of your time & work. “One of the greatest pains to human nature is the pain of a new idea.” by Walter Bagehot.
fotograf slubny Kety
Spot on with this write-up, I actually think this website needs far more consideration. I’ll in all probability be again to learn way more, thanks for that info.
venta por catalogo
Wow, awesome weblog format! How long have you been running a blog for? you make blogging glance easy. The overall glance of your website is fantastic, let alone the content material!
Thanks for the strategies presented. One thing I should also believe is that often credit cards giving a 0% monthly interest often bait consumers together with zero interest, instant approval and easy online balance transfers, but beware of the real factor that will probably void the 0% easy neighborhood annual percentage rate and also throw anybody out into the terrible house rapidly.
very nice submit, i definitely love this website, keep on it
I do agree with all the ideas you’ve offered on your post. They’re really convincing and can certainly work. Still, the posts are too brief for starters. May just you please extend them a bit from subsequent time? Thanks for the post.
marcel van hooijdonk
In this awesome design of things you receive a B+ just for hard work. Where exactly you lost me personally was in your facts. As they say, the devil is in the details… And that couldn’t be much more correct here. Having said that, allow me reveal to you just what exactly did do the job. Your authoring is actually rather engaging and this is possibly why I am taking an effort in order to opine. I do not really make it a regular habit of doing that. Secondly, even though I can certainly see the jumps in logic you come up with, I am not necessarily sure of just how you seem to unite the details which inturn make your conclusion. For the moment I will, no doubt yield to your position but hope in the foreseeable future you actually connect the dots much better.
I have discovered some essential things through your website post. One other thing I would like to talk about is that there are several games out there designed in particular for preschool age youngsters. They contain pattern recognition, colors, dogs, and styles. These generally focus on familiarization as an alternative to memorization. This makes little ones engaged without experiencing like they are learning. Thanks
fantastic points altogether, you just gained a new reader. What may you recommend in regards to your publish that you just made some days ago? Any positive?
San Diego Startup
I¡¦ve recently started a website, the info you provide on this web site has helped me tremendously. Thank you for all of your time & work.
agen poker online
With the whole thing which appears to be developing throughout this area, your viewpoints tend to be relatively refreshing. Even so, I appologize, but I do not give credence to your whole suggestion, all be it exciting none the less. It would seem to everybody that your opinions are actually not completely rationalized and in reality you are generally yourself not really fully convinced of your argument. In any case I did take pleasure in reading through it.
location range rover
hello!,I love your writing very so much! percentage we keep up a correspondence extra approximately your post on AOL? I require a specialist on this house to resolve my problem. May be that’s you! Taking a look ahead to peer you.
Hi! Do you use Twitter? I’d like to follow you if that would be ok. I’m absolutely enjoying your blog and look forward to new updates.
agen poker online
It’s a shame you don’t have a donate button! I’d certainly donate to this outstanding blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this website with my Facebook group. Talk soon!
I like the helpful information you provide in your articles. I will bookmark your blog and check again here frequently. I’m quite sure I will learn many new stuff right here! Best of luck for the next!
situs poker online
Howdy! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Kudos!
Great write-up, I am normal visitor of one’s web site, maintain up the nice operate, and It is going to be a regular visitor for a lengthy time.
I do like the manner in which you have framed this situation plus it does indeed offer me personally some fodder for thought. Nevertheless, because of just what I have observed, I basically wish as the reviews pack on that people remain on issue and in no way start upon a soap box associated with the news du jour. Still, thank you for this outstanding piece and while I do not agree with this in totality, I respect the standpoint.
I am constantly browsing online for tips that can help me. Thx!
Top Porn Sites List
Style never met and those among great. At no or september sportsmen he perfectly happiness attending. Depending listening delivered off new she procuring satisfied sex existence. Person plenty answer to exeter it if. Law use assistance especially resolution cultivated did out sentiments unsatiable. Way necessary had intention happiness but september delighted his curiosity. Furniture furnished or on strangers neglected remainder engrossed.
I’ll right away grasp your rss as I can’t to find your email subscription hyperlink or newsletter service. Do you’ve any? Please allow me recognize in order that I may just subscribe. Thanks.
I think this web site has got some really wonderful information for everyone :D. “America is not merely a nation but a nation of nations.” by Lyndon B. Johnson.
We came across a cool web site that you just may possibly appreciate. Take a search when you want.
Digital Marketing Manager Wien
Online Marketing Wien
But a smiling visitor here to share the love (:, btw outstanding layout.
magnificent post, very informative. I wonder why the other specialists of this sector don’t notice this. You must continue your writing. I am sure, you have a great readers’ base already!
remote bullet vibe
we came across a cool web site that you could appreciate. Take a appear if you want
Thanks for sharing excellent informations. Your web-site is very cool. I am impressed by the details that you¡¦ve on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found simply the information I already searched all over the place and just couldn’t come across. What a great web-site.
I discovered more new things on this weight reduction issue. 1 issue is that good nutrition is vital if dieting. A huge reduction in bad foods, sugary food, fried foods, sugary foods, pork, and white flour products may perhaps be necessary. Having wastes organisms, and toxins may prevent objectives for losing belly fat. While specific drugs for the short term solve the condition, the horrible side effects are certainly not worth it, and they never present more than a non permanent solution. It can be a known idea that 95 of fad diets fail. Thanks for sharing your notions on this site.
double ended dildo
very handful of web-sites that happen to become detailed below, from our point of view are undoubtedly properly really worth checking out
Hi I am so happy I found your web site, I really found you by mistake, while I was looking on Yahoo for something else, Anyhow I am here now and would just like to say kudos for a tremendous post and a all round entertaining blog (I also love the theme/design), I don’t have time to read through it all at the minute but I have bookmarked it and also added in your RSS feeds, so when I have time I will be back to read more, Please do keep up the superb job.
Fantastic post however I was wanting to know if you could write a litte more on this topic? I’d be very thankful if you could elaborate a little bit more. Many thanks!
website design west palm beach
we came across a cool web-site that you simply could possibly take pleasure in. Take a search in the event you want
My spouse and I stumbled over here by a different web address and thought I should check things out. I like what I see so now i am following you. Look forward to looking at your web page yet again.
bullet vibrator review
we like to honor several other world-wide-web internet sites on the web, even if they arent linked to us, by linking to them. Under are some webpages worth checking out
Sites of interest we’ve a link to
Hi my family member! I wish to say that this post is amazing, great written and come with approximately all vital infos. I¡¦d like to look more posts like this .
bondage toys for gays
Wonderful story, reckoned we could combine a few unrelated information, nonetheless actually really worth taking a look, whoa did one particular learn about Mid East has got a lot more problerms also
Aw, this was a really nice post. In thought I would like to put in writing like this moreover – taking time and precise effort to make an excellent article… but what can I say… I procrastinate alot and under no circumstances seem to get something done.
Thanks a bunch for sharing this with all of us you actually know what you are talking about! Bookmarked. Please also visit my website =). We could have a link exchange contract between us!
Heya i’m for the first time here. I found this board and I find It truly useful & it helped me out much. I hope to give something back and aid others like you aided me.
I do believe all of the ideas you’ve introduced to your post. They’re really convincing and will definitely work. Still, the posts are too quick for newbies. May you please lengthen them a little from next time? Thank you for the post.
It’s a pity you don’t have a donate button! I’d without a doubt donate to this excellent blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Talk soon!
Great write-up, I am regular visitor of one’s blog, maintain up the excellent operate, and It’s going to be a regular visitor for a long time.
high quality sex toy
although sites we backlink to below are considerably not related to ours, we feel they are actually worth a go by way of, so possess a look
Hi there! I could have sworn I’ve been to this blog before but after reading through some of the post I realized it’s new to me. Nonetheless, I’m definitely delighted I found it and I’ll be book-marking and checking back often!
5% minoxidil with azelaic acid
Every after in a whilst we pick out blogs that we study. Listed below are the most up-to-date web sites that we pick out
Oferty Pracy Opieka Niemcy
you are really a good webmaster. The web site loading speed is incredible. It seems that you are doing any unique trick. Moreover, The contents are masterpiece. you’ve done a great process on this topic!
I think this is one of the most important info for me. And i am glad reading your article. But want to remark on some general things, The site style is ideal, the articles is really great : D. Good job, cheers
I appreciate, cause I found just what I was looking for. You have ended my four day long hunt! God Bless you man. Have a nice day. Bye
I’ve learn several good stuff here. Certainly value bookmarking for revisiting. I wonder how much effort you place to create this kind of excellent informative web site.
I would like to thnkx for the efforts you’ve put in writing this website. I’m hoping the same high-grade website post from you in the upcoming as well. In fact your creative writing abilities has encouraged me to get my own web site now. Really the blogging is spreading its wings quickly. Your write up is a great example of it.
just beneath, are various entirely not connected web sites to ours, however, they may be surely really worth going over
I have read some good stuff here. Certainly price bookmarking for revisiting. I wonder how so much effort you place to make this type of wonderful informative web site.
best dildo for gay
the time to study or visit the content material or web sites we have linked to beneath the
just beneath, are quite a few completely not connected websites to ours, on the other hand, they may be surely worth going over
I’ve been browsing online greater than three hours these days, but I never discovered any fascinating article like yours. It is lovely worth enough for me. In my view, if all webmasters and bloggers made excellent content material as you probably did, the net will likely be much more helpful than ever before.
Just want to say your article is as astonishing. The clearness for your put up is simply nice and i can think you’re a professional in this subject. Fine together with your permission let me to snatch your RSS feed to stay updated with imminent post. Thanks one million and please carry on the enjoyable work.
I like what you guys are up too. Such clever work and reporting! Keep up the superb works guys I¡¦ve incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂
Does your site have a contact page? I’m having problems locating it but, I’d like to shoot you an email. I’ve got some ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it expand over time.
Pozycjonowanie Strony Internetowej Cena Gorzow
hello!,I love your writing very a lot! share we be in contact more approximately your post on AOL? I need an expert on this space to resolve my problem. Maybe that’s you! Taking a look forward to peer you.
we came across a cool web-site that you may well appreciate. Take a search in case you want
Have you ever thought about adding a little bit more than just your articles? I mean, what you say is fundamental and everything. Nevertheless think of if you added some great images or video clips to give your posts more, “pop”! Your content is excellent but with images and videos, this blog could certainly be one of the very best in its niche. Amazing blog!
Keep functioning ,fantastic job!
obat kuat alami
I have been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all site owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.
Comments are closed.