Smagh v. Bumbrah, 2010 BCSC 988
July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which the claimant rejected. The trial was before a jury. It lasted 10 days and the jury awarded the claimant $2,200.00.
Issue: Should the financial circumstance of an injury claimant be taken into account if they lose at trial and are required to pay back ICBC for legal fees and expenses?