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…
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…
The Court of Appeal has upheld a double legal costs award against the Province of British Columbia after the Province lost a claim against a private BC company (British Columbia v. Salt Spring Ventures Incorporated,2015 BCCA 343) . Even though the settlement offer was not one which ought reasonably to have been accepted by the Province…
The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 BCSC 259). The accident occurred when the claimant was stopped at a red light at…