Tag: Miller v. Resurreccion

ICBC Hit With Double Costs For “Unreasonable” Settlement Refusal

Written by ERIK MAGRAKEN on December 3, 2019. Posted in BC Supreme Court Costs Cases.

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:

“Little Weight” Given To ICBC Experts in Three Cases Released Today

Written by ERIK MAGRAKEN on October 10, 2019. Posted in Uncategorized.

The BC government is making more noise about Rule of Court reforms regarding expert opinion evidence in personal injury cases in an effort to save ICBC money. Their not so subtle message is that Plaintiff’s hire too many experts to prove their claims. If cases released by the BC Supreme Court today are any guide it is ICBC that is in need of reform when it comes to the practice of hiring physicians hoping to refute collision related injuries.

In three separate cases published today by the BC Supreme Court three separate judges found ICBC hired expert opinions deserved “little weight“.

In the first case (Francello v. Cupskey) the Plaintiff was injured in two collisions. ICBC retained a physician who provided opinion evidence minimizing the Plaintiffs injuries in connection to the crash. In finding this opinion deserved “little weight” Mr. Justice Burnyeat provided the following comments: