Legal Fees

Disability Insurer Must Pay Full Legal Fees for Claimant

In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The … Continue reading

Injury Claimant Without Lawyer Crushed at Trial

ICBC claimants always ask me whether they need a lawyer for their injury case. This personal injury claimant  did not have the assistance of a personal injury lawyer at his trial which involved two car accidents. He was found to be … Continue reading

The Zero Money Offer in Medical Malpractice Cases

Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue.  The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling … Continue reading

Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right … Continue reading

Judge Cannot Change Masters Costs Award in Personal Injury Case

A Supreme Court Master refused to force this injury claimant to submit to an ICBC medical examination on two separate occasions and the Master awarded her costs.  The judge made a substantial award of damages in this car accident injury case and … Continue reading

Rejecting $100,000 Offer and Firing Lawyer Leads to $50,000 Award

The personal injury lawyer hired by this claimant was able to negotiate an offer to settle of $100,000 with ICBC in a car accident injury case. However, the claimant was not happy with this amount,  fired the lawyer and went to court himself. The … Continue reading

Claimant Must Pay ICBC Legal Fees for Failure to Accept Settlement Offer

When this personal injury decision came out awarding $36,042.30  I called it A Case Study into What Not to Do in an ICBC Injury Claim. The ICBC claimant had sought an award of damages exceeding $2 million and after 33 days in trial almost all of … Continue reading

Cost of Medical Experts and Legal Fees Awarded to Injury Claimant

This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant … Continue reading

Offers to Settle Considered after 50% Fault for Car Accident

There were  two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000.  The defendant offered to settle for … Continue reading

Double Costs for not accepting Offer Unfair to the Injured

This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30).  … Continue reading