The Court found that this self-represented claimant was not injured in the car accident(Pearlman v. Critchley,2012 BCSC 921) and his lawsuit pleadings were oppressive and designed to cause anxiety, trouble and expense to the other side. The action was also found to have been brought for an improper purpose, particularly the “harassment and oppression of the defendants”. This claimant did not hire a lawyer to provide him with appropriate legal advice.
The claimant started this lawsuit alleging various acts of impropriety by lawyers, a legal assistant, a law firm, and two insurers during the course of the litigation arising from a motor vehicle accident. In Pearlman v. Insurance Corporation of British Columbia, 2010 BCCA 362, the claimant was found to be a vexatious litigant and barred from bringing any further appeals from actions arising from the motor vehicle accident without leave of the Court of Appeal.
The claimant was declared a vexatious litigant, his claims were struck and the defendants were awarded their special costs. The Judge awarded the successful defendants $34,000.00 in legal fees for having to defend against groundless claims.
This is another example of a claimant with no proper legal advice losing a personal injury case. This claimant did not have a lawyer and the results were a complete victory for the Defendants. As the judge pointed out, Not only were they successful on the applications, they were successful in achieving an award of special costs, a discretionary remedy only awarded where the conduct of a party may be found to be “reprehensible”.
Posted by personal injury lawyer Mr. Renn A. Holness B.A., LL.B.
