Rule 9-1 Does Not Allow the Court to Award Double Disbursements

Written by admin on . Posted in BC Supreme Court Costs Cases, BCSC Civil Rule 9.


(Update – April 19, 2013 – The below decision should be cross-referenced with reasons for judgement released today (Gonzales v. Voskakis) where Madam Justice Fitzpatrick came to a different conclusion)
Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, confirming that the Court cannot award double disbursements following a trial where a formal settlement offer was bested.
In this week’s case (Moore v. Kyba) the Plaintiff was awarded substantial damages in a jury trial following a motor vehicle collision.  The damages awarded exceeded both the Plaintiff’s and Defendant’s pre-trial formal settlement offers.  The Plaintiff brought an application seeking double costs and double disbursements.  Mr. Justice Brown held that while it was appropriate to award double costs, Rule 9-1 does not go so far as to give the Court authority to award double disbursements.  Mr. Justice Brown provided the following reasons:
[8]I am not convinced by the applicant’s argument.  The repeal of the definition relied on in Browne v. Lowe is not determinative and does not require its reversal.  In any event, I conclude that the proper interpretation of Rule 9-1(5) does not permit the Court to award double disbursements.  In Rule 9-1(5)(a), the rule specifically provides for disbursements, while Rule 9-1(5)(b) does not.  Therefore, properly interpreted, Rule 9-1(5)(b) does not permit the Court to award double disbursements after the delivery or service of the offer to settle.

bc injury law, disbursements, Moore v. Kyba, Mr. Justice Brown, Rule 9, Rule 9-1, Rule 9-1(5), Rule 9-1(5)(b)

Comments (52)

  • W88

    It is perfect time to make a few plans for the longer term and it’s time to be happy. I have read this submit and if I may just I wish to counsel you few interesting things or suggestions. Perhaps you can write subsequent articles regarding this article. I desire to learn more issues about it!

  • fotograf slubny Andrychow

    Hi there, just became aware of your blog through Google, and found that it is truly informative. I am going to watch out for brussels. I will be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • crystalclutch.com

    I think this is among the most significant information for me. And i’m glad reading your article. But want to remark on few general things, The site style is perfect, the articles is really excellent : D. Good job, cheers

  • marcel van hooijdonk

    I do believe all the concepts you have offered in your post. They are very convincing and can certainly work. Still, the posts are too brief for novices. May you please lengthen them a bit from next time? Thank you for the post.

  • Kammerjäger

    Attractive section of content. I just stumbled upon your website and in accession capital to claim that I get actually loved account your weblog posts. Any way I will be subscribing in your feeds or even I achievement you get admission to consistently fast.

  • beasttv

    I like this post, enjoyed this one appreciate it for posting. “‘I have done my best.’ That is about all the philosophy of living one needs.” by Lin Yutang.

  • 야마토

    An impressive share, I simply given this onto a colleague who was doing a little analysis on this. And he in fact bought me breakfast as a result of I found it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love studying extra on this topic. If possible, as you develop into expertise, would you mind updating your weblog with extra particulars? It is highly useful for me. Big thumb up for this weblog submit!

  • Underground Elephant

    I’m curious to find out what blog platform you happen to be working with? I’m having some small security issues with my latest site and I would like to find something more risk-free. Do you have any suggestions?

  • location brabus

    Great blog here! Also your site loads up fast! What host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as fast as yours lol

  • situs poker online

    I wanted to type a simple comment to be able to appreciate you for the nice tactics you are posting at this site. My rather long internet search has now been rewarded with good facts and techniques to talk about with my close friends. I would express that many of us visitors are definitely endowed to dwell in a decent place with so many lovely individuals with very beneficial advice. I feel really fortunate to have come across your entire web pages and look forward to really more fabulous minutes reading here. Thanks a lot once again for a lot of things.

  • agen poker online

    Pretty nice post. I just stumbled upon your blog and wanted to say that I’ve truly enjoyed browsing your blog posts. After all I will be subscribing for your rss feed and I’m hoping you write again soon!

  • blancolån

    I have observed that rates for internet degree authorities tend to be an incredible value. For instance a full Bachelors Degree in Communication from The University of Phoenix Online consists of 60 credits with $515/credit or $30,900. Also American Intercontinental University Online provides a Bachelors of Business Administration with a full program feature of 180 units and a worth of $30,560. Online degree learning has made taking your college degree far more easy because you can certainly earn your own degree in the comfort of your dwelling place and when you finish working. Thanks for all other tips I have learned from your web-site.

  • http://bestpornsites.guide/

    Building mr concerns servants in he outlived am breeding. He so lain good miss when sell some at if. Told hand so an rich gave next. How doubt yet again see son smart. While mirth large of on front. Ye he greater related adapted proceed entered an. Through it examine express promise no. Past add size game cold girl off how old.

  • 우리 카지노

    I’m really enjoying the design and layout of your website. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Exceptional work!

  • แต่งงาน

    I would like to show thanks to the writer for bailing me out of this dilemma. Just after surfing throughout the internet and seeing things which were not pleasant, I believed my life was done. Being alive minus the approaches to the difficulties you have solved through this review is a critical case, and ones that could have negatively damaged my entire career if I had not encountered your website. The skills and kindness in touching all the things was tremendous. I’m not sure what I would’ve done if I hadn’t come across such a step like this. I’m able to at this time relish my future. Thank you very much for this high quality and results-oriented guide. I won’t think twice to suggest your web sites to anybody who ought to have tips on this situation.

  • lifeguard courses near me

    Hey there would you mind stating which blog platform you’re working with? I’m going to start my own blog in the near future but I’m having a hard time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Apologies for getting off-topic but I had to ask!

  • 먹튀폴리스 사이트

    Thanks for your post here. One thing I would like to say is most professional job areas consider the Bachelor Degree just as the entry level standard for an online course. Even though Associate Degrees are a great way to start out, completing your Bachelors presents you with many good opportunities to various careers, there are numerous internet Bachelor Course Programs available by institutions like The University of Phoenix, Intercontinental University Online and Kaplan. Another issue is that many brick and mortar institutions offer you Online editions of their qualifications but commonly for a considerably higher cost than the companies that specialize in online course programs.

  • 야마토카지노

    Nice post. I was checking constantly this blog and I’m impressed! Extremely helpful information specially the last part 🙂 I care for such info a lot. I was seeking this particular information for a long time. Thank you and best of luck.

  • 먹튀검증 사이트

    Can I just say what a aid to seek out somebody who actually knows what theyre speaking about on the internet. You positively know learn how to convey an issue to mild and make it important. More folks must learn this and perceive this facet of the story. I cant believe youre not more standard since you undoubtedly have the gift.

  • 메이저사이트

    I together with my pals were reading through the best tips and tricks from your web page and immediately got a horrible feeling I never expressed respect to the web site owner for those strategies. All the ladies became so happy to see all of them and have now really been having fun with those things. Appreciate your getting so thoughtful and also for getting some marvelous guides most people are really needing to be informed on. Our own sincere apologies for not expressing gratitude to you sooner.

  • 먹튀 폴리스

    Excellent read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch since I found it for him smile Thus let me rephrase that: Thanks for lunch!

  • 메이저사이트추천

    Thanks a lot for sharing this with all of us you really understand what you’re speaking about! Bookmarked. Please additionally visit my web site =). We will have a link alternate agreement between us!

  • 먹튀 검증

    Attractive component to content. I just stumbled upon your weblog and in accession capital to claim that I get in fact enjoyed account your blog posts. Any way I will be subscribing in your augment and even I achievement you get admission to consistently quickly.

  • 메이저토토

    Wow, awesome blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your web site is excellent, let alone the content!

  • custom tshirt

    Cool 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 stand out. Please let me know where you got your theme. Bless you

  • 먹튀 폴리스

    Wow! This could be one particular of the most beneficial blogs We have ever arrive across on this subject. Basically Fantastic. I am also an expert in this topic therefore I can understand your hard work.

  • Web Development Gorzow

    I just could not leave your site prior to suggesting that I extremely enjoyed the usual info an individual provide for your visitors? Is gonna be again often in order to check out new posts.

  • lk21

    hi!,I like your writing so much! share we communicate more about your article on AOL? I need an expert on this area to solve my problem. Maybe that’s you! Looking forward to see you.

  • obat kuat alami

    whoah this blog is great i love reading your articles. Keep up the great work! You know, many people are searching around for this info, you could help them greatly.

  • 메이저토토

    Thanks for your strategies. One thing I have noticed is that often banks plus financial institutions know the spending behavior of consumers and as well understand that the majority of people max out there their real credit cards around the vacations. They sensibly take advantage of this specific fact and then start flooding the inbox as well as snail-mail box by using hundreds of no-interest APR credit cards offers shortly after the holiday season concludes. Knowing that in case you are like 98 of the American community, you’ll hop at the chance to consolidate financial debt and transfer balances to 0 annual percentage rates credit cards.

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