Attorney General announces changes to Supreme Court rules On July 10, 2023 amendments to the Supreme Court Civil Rules and Supreme Court Family Rules were announced. The proposed changes aim to refine and clarify the rules governing civil proceedings in British Columbia, addressing aspects such as addresses for service, trial briefs, trial management conferences, and…
The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child. She also alleged that the Province of BC placed her back in the residence with her father.The claimant sought general damages, special damages for increased cost of care, aggravated…
The Calderbank offer to settle has been enshrined in our Rules of Court since 2010 and since 1975 has been the best way to legally enforce cost consequences for reasonable offers to settle. Emerging and imminent injury lawyers alike must understand and apply these principles of settlement. History of the Formal Offer Prior to…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…
In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213] I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…
After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…
In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected. The claimant was therefore entitled to an…
The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…
Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors. The Rules created a class of “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…