The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000. ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…
For ICBC, money must really grow on trees. In this car accident injury case the claimant delivered a formal offer to settle for $398,000 less what had already been paid by the Insurance Corporation of British Columbia, ICBC. The defendants countered with a settlement offer of $238,000 less what had already been paid by ICBC. The Court…
This injury claimant alleged a number of injuries including brain injury, which was said to have resulted in a loss of about $4 million in capital, as well as about $1,850,000 income to the date of trial and thereafter. In reasons for judgment indexed at 2014 BCSC 2113, real damages were assessed at $77,750. This is a case…
In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…
Medical malpractice cases are among the most sophisticated and complicated civil claims to pursue. The Canadian Medical Protective Association, CMPA, defends doctors zealously hiring experts from within their ranks at will. On the other hand claimants are often left with a medical community unwilling to provide the medical opinion required to pursue the claim. The CMPA will often make…
This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30). The important issue in this BC Court of Appeal case was the availability of double costs…