“Walk Away” Offer Fails to Trigger Double Costs in Liability Trial
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, addressing a defence application for double costs after a Plaintiff’s personal injury claim was dismissed. In...
View ArticleDouble Costs Denied Following Modest Besting of Formal Settlement Offer
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, denying a Plaintiff double costs after modestly beating a pre-trial formal settlement offer. In today’s case...
View Article“Short Fuse” Formal Settlement Offer Triggers Double Costs
Reasons for judgment were released today by the BC Supreme Court, Vancouver Registry, addressing whether a formal settlement offer open for only 3 days could trigger costs consequences. In today’s case...
View ArticleDouble Costs Rejected In Face of Plaintiff Credibility Concerns
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, rejecting a request for double costs following a trial where a Plaintiff beat her formal settlement offer by...
View ArticleIt Is Not Open For a Trial Judge To Award a Defendant Double Costs Where a...
Reasons for judgement were released today by the BC Court of Appeal (C.P. v. RBC Life Insurance Company) confirming that a trial judge does not have the option of awarding a Defendant double costs in...
View ArticleA Jury “Does Not and Can Not Have a Role in Determining Costs”
Reasons for judgement were released today by the BC Supreme Court, Cranbrook Registry, confirming a post trial ‘costs swing’ should not be avoided because the net payment will be less than a jury...
View ArticleA Costs Argument That “Ought Not To Have Been Made”
Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, criticizing a costs argument advanced by defense counsel after failing to best the Plaintiff’s formal settlement...
View Article“Late” Formal Offer Beat by 9% Triggers Double Costs
Reasons for judgment were released today by the BC Supreme Court, Vancouver Registry, finding a formal offer that was bested by 9% and was delivered a few days prior to trial was capable of triggering...
View ArticleNo Costs Consequences With Formal Offer Bested by “Almost Negligible Difference”
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, refusing to award discretionary costs where a defence formal settlement offer was not beat by a plaintiff by an...
View ArticlePlaintiff Stripped of $56,207 of Costs and Disbursements for Not Beating...
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, highlighting the judicial flexibility and potential financial risks that come into play when a formal offer of...
View Article“Reasonable Efforts” Identifying At Fault Motorist Cannot Be Determined by...
Adding to this site’s database of ICBC Unidentified Motorist prosecutions, reasons for judgement were published today by the BC Supreme Court, Kamloops Registry, finding that the Summary Judgement rule...
View Article“Costs Awards Should Not Punish Plaintiffs From Taking Forward Meritorious...
In a demonstration of the judicial flexibility that exists under the BC Supreme Court Rules when assessing costs consequences following trials with formal offers in place, reasons for judgement were...
View ArticlePlaintiff Stripped of Costs For Failing to Beat Defence Offer
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, stripping a Plaintiff of post offer costs after receiving a jury award less than a pre-trial defence...
View ArticleDouble Costs Awarded After Trial Judgement Nearly Doubles Plaintiff Formal Offer
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, awarding a Plaintiff double costs after obtaining judgement nearly doubling her pre trial formal settlement...
View ArticlePlaintiff Ordered to Pay Double Costs After Having Injury Claim Dismissed
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, ordering a Plaintiff to pay double costs after the dismissal of an injury claim. In today’s case (Ross v....
View ArticleCourt Denies Defendant Costs to Prevent “Pyrrhic Victory” for Plaintiff
Reasons for judgement were released today demonstrating the Court’s discretion for costs following trial where formal settlement offers were exchanged. In today’s case (Bains v. Antle) the Plaintiff...
View ArticleBC Supreme Court – Double Costs Does Not Mean Double Disbursements
Reasons for judgement were published today by the BC Supreme Court, Vernon Registry, confirming that an order for double costs does not also mean a party is entitled to double disbursements. In today’s...
View Article“Marginal Difference” Between Trial Result and ICBC Settlement Offer Results...
Reasons for judgement were published today by the BC Supreme Court, Victoria Registry, awarding a Plaintiff full trial costs after the Plaintiff failed to beat an ICBC settlement offer by a “marginal...
View ArticleCourt Finds “After the Event” Insurance a Factor To Consider When Awarding...
In what, to my knowledge, is the first BC injury case commenting on the weight a court should place on “After the Event” insurance when awarding costs post trial, reasons for judgement were released...
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