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 awarded the claimant to costs at Scale B but denied her costs of defending these two applications. The claimant appealed the denial of costs (Kondor v. Shea,2016 BCCA 15).
The appeal was allowed as the costs of the two applications were effectively awarded to the claimant by the master who heard them. It was not open to the judge to deny the plaintiff those costs.
The Court of Appeal has made it clear that Supreme Court Judges have no power to change these types of cost awards made by Masters:
… it was not open to the judge to deprive the plaintiff of the costs she had been awarded by the master upon her action succeeding.
 The judge was not hearing an appeal of the master’s orders that would have permitted him to consider whether the master had in some way erred in making one or both of his orders. Further, the master did not refer the costs of the applications to the judge as may be appropriate in some circumstances. There was then no place for the judge’s intervention.
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.