Blog
Menu
Blog

Personal Injury News

Rule 14-1(9) Successful Party

ICBC Injury Claimant Awarded Costs Despite Dismissal of Claim

In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…

Read More

The Injured to get no Sympathy when Applying Legal Principle says Court

In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213]     I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…

Read More

ICBC is Debtor to Successful Injury Claimant and Must pay Legal Costs

In this twisted car accident injury case the ICBC claimant asked for $3 million and received only $62,900 for his injury after a Supreme Cour trial.  He was also denied his legal costs. The claimant lost his appeal on the issue of quantum but  the Court of Appeal found that as the successful party he was entitled to…

Read More

Making an Offer to Settle in a Personal Injury Case- The Written Offer to ICBC

  In personal injury cases there are four different types of offers that can be made to ICBC and insurers: pre-litigation oral offers; pre-litigation written offers; post-litigation oral offers; and post-litigation written offers. We can break down written offers into informal and formal offers to settle.  This article will briefly explain how an ICBC claimant can…

Read More

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 the claims of loss were dismissed. In this follow up decision the Judge awarded ICBC…

Read More

Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

Read More

Personal Injury ICBC Offers to Settle Beat but 75% Costs Awarded

In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs.  ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…

Read More

Injury Claimant is "Successful Party" Despite Low Award

Personal injury lawyers in BC will want to take note that the Court of Appeal has reversed an award of trial costs as the judge was clearly wrong in finding that the defendants were successful. (Loft v. Nat,2014 BCCA 108). The Court of Appeal makes it clear that obtaining less money than what was requested…

Read More

Contact Us





*lawyer confidentiality assured