Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, ordering that double costs be paid to a plaintiff who was awarded substantially more at trial than they were willing to settle their claim for.
In today’s case (Miller v. Resurreccion) the Plaintiff was injured in a collision and sued for damages. Prior to trial the Plaintiff offered to settle their claim for $200,000 plus costs and disbursements. ICBC, as insurer for the Defendant, refused offering a little more than half this amount. The Plaintiff proceeded to trial where her damages were assessed at $440,057.
The Plaintiff asked for double costs for trial. In finding such an award was warranted due to ICBC’s “unreasonable” refusal to accept the Plaintiff’s offer Madam Justice Baker provided the following reasons: